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Minutes 1987/07/06 5532 Posting Agenda Roll Call Maint.Dist. 111 Employee Award Consent Calendar Minutes Ord.87-11 Claim-So Ahumada Claim-F. Conrad Bid re: Well Proj. Pub. Hear. Farrell/Ronan ReOl;-g.86-1 Regular Meeting July 6, 1987 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on July 2, 1987 at 9:52 a.m. Present: Councilmembers: Larry Mussallem, Paul V. Kloecker, Pete Valdez, Jr. and Roberta H. Hughan; Absent: Councilmembers: Sharon A. Albert, Donald F. Gage and Daniel D. Palmerlee. (8:01 p. m. ) .., j The Mayor announced that the regular agenda would begin in the Council Chambers and later adjourned to the Wheeler Community Center for Item V. B. Public Hearing on proposed Maintenance District #1 if there were more people in the audience than available seats. ....." The Mayor presented the Employee of the Month of May 1987 Award to Gayle Glines, Recreation Supervisor I. 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: Ayes: Councilmembers: Kloecker, Mussallem, Valdez and Hughan; Absent: Councilmembers: Albert, Gage and Palmerlee. Approved the Minutes of the Regular Council Meeting of June 15, 1987; Adopted Ordinance No. 87-11 Rezoning 52.14 Acres at the Northwest Corner of Longmeadow Drive and Santa Teresa Boulevard, from Rl PUD (Single Family Residential) Planned Unit Development District to Rl (Single Family Residential) District, City of Gilroy, Applicant; ~ I ..... ORDINANCE NO. 87 - 11 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 52.14 ACRES AT THE NORTHWEST CORNER OF LONGMEADOW DRIVE AND SANTA TERESA BOULEVARD FROM Rl PUD (SINGLE FAMILY RESIDENTIAL) PLANNED UNIT DEVELOPMENT DISTRICT TO Rl (SINGLE FAMILY RESIDENTIAL) DISTRICT. PASSED AND ADOPTED this 6th day of July, 1987 by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: ALBERT, GAGE and PALMERLEE; NOES: ABSENT: Denied an Injury Claim of Sara Ahumada, as recommended; Denied a Personal Injury and Damage Claim of Faye Conrad as City Administrator Baksa presented and explained a recom- mendation to award the bid of Maggiora Bros. Drilling, Inc. in the amount of $195,540.00 for construction of two Water Produc- ion Wells Project. ~ Motion was made by Councilman Kloecker seconded by Council- ..J man Valdez and carried that the bid of Maggiora Bros. Drilling, Inc. be awarded in the amount of $195,540.00 for construction of two Water Production Wells Project as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Reorganization of Uninhabited Territory designated as "Farrell/Ronan Reorganization 86-1", Located between Church Street and Wren Avenue, north of Ronan Avenue and south of Farrell Avenue, containing 48.01 acres, not 100% consent. ~ ~ Pub.Hear. . Maint.Dist. 111 ""... .... ",.., ... ~' 5 3 'Z '-' \J Noted the Staff Report 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 Mussallem seconded by Councilman Valdez that the reading of Resolution No. 87-51 be waived and that it be adopted. RESOLUTION NO. 87 - 51 A RESOLUTION AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION DESIGNATED AS "FARRELL/RONAN REORGANIZATION 86-1". PASSED AND ADOPTED this 6th day of July, 1987, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: ALBERT, GAGE and PALMERLEE. At 8:11 p.m. the Mayor adjourned the meeting to Wheeler Community Center in order to accommodate persons in the audience regarding the proposed formation of City of Gilroy Maintenance District No.1. At 8:22 p.m. the Mayor reconvened the meeting at Wheeler Community Center. The Mayor stated that it was the time and place scheduled to consider formation of City of Gilroy Maintenance District No.1. The Mayor noted that this meeting would be the time and place for public input and that Council would continue their discussion and action at a Special Meeting on July 13, 1987 at 7:00 p.m. at which time there would be no public input. The Mayor further reported that Councilmembers: Albert, Gage and Palmerlee were absent from this meeting due to previously scheduled vacations. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. The following persons addressed the Council in opposition to formation of the proposed District; Benefit Unit Formula; and/or requesting that the matter be placed on the Ballot for the people to decide whether or not the proposed Maintenance District should be formed: Ed Seledon, 1145 Hacienda Drive; Jim Clifford, 780 W. 6th Street; Gil Chaput, 930 Greenwich Drive; Fernando Jimenez, 7034 Monterey Street, submitted petitions containing 74 signatures in opposition to the proposed District; Mr. Gopp, resident of Arcadia Development area, submitted petitions containing 60 signatures in opposition to the proposed District; Jeremiah Conrow, Burchell Road; Ed Putman, 1272 Swaner Drive; Bill Cohan, 738 Gettysburg Way; Robert Dyer, also representing Malcom Riley, owner of the Orchard Center; John Parrinello, President of the Gilroy Chamber of Commerce; 5534 Pub.Hear. Appeal CUP 87-54 Esther Marrazzo, 849 Fourth Street; Dick Spann, 7215 Yorktown Drive; u~eve Johnson, 9315 Church Street; Trevis Berry, 7801 Miller Avenue, suggested that a Sunset clause be included if the District is formed; Reginald Hawkins, 365 London Drive, requesting that a Sunset clause be included if the District is formed; Anthony Lopina, owner of Wagon Wheel Mobile Village; Ricardo Mello 7330 Orchard Drive- Kenneth DeBell, submitted petitions containing 32 signatures; Mr. Pirrozoj Ross Brodersen, 7531 Dowdy Street; ~ ........ John Quinn, 7433 Crawford Drive. Director of Public Works Cox explained the purpose of the chip seal and overlay of the City streets, presently under construction. The following addressed the Council in opposition to the proposed District, Benefit Unit Formula, and/or requesting that the issue be placed on the Ballot: Michael J. Pierce, 8561 Redwood Lane; Jean Salvino, 718 Gettysburg Way. John E. Pate, addressed the Council and spoke in favor of the proposed Maintenance District. The following addressed the Council in opposition to the proposed Maintenance District, Benefit Unit Formula and/or requesting that the issue be placed on the Ballot: ,.... ! ..... Fran Shields, 264 Martin Street; Debbie Boynton; Joe Conn, 690 Dawn Way; James Merenda, 7631 Carmel Street; and Charles Campanella, 7241 Carmel Street. At 10:23 p.m. the Mayor noted that Council would hold a Special Meeting on July 13, 1987 - 7:00 p.m. and that ,no further public in-put would be permitted at said meeting. Mr. R. C. Greene, 8100 Carmel Street, addressed the Council noting that a Ballot issue is needed regarding the Maintenance District proposal. The Mayor closed the Public Hearing and noted that Council would deliberate on the matter at a Special City Council Meeting July 13, 1987 at 7:00 p.m. At 10:39 p.m. the Mayor reconvened the meeting in the Council Chambers. ~ 1 i ..".J The Mayor stated that it was the time and place scheduled for a Public Hearing on an Appeal of Matthew W. and Mary Gold Drummond, on the decision of the Planning Commission regarding approval of a Conditional Use Permit to allow operation of a Counseling Center in an R2 Zone (Two Family Residential) Dis- trict, located at 267 Martin Street, South County Alternatives, Inc., Applicant. ~ ~ ~ I . ~ ~ u Pub. Hear. Variance 87-1 5535 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 on the matter. Mr. Frank Mendiola, 7450 Alexander Street, addressed the Council requesting certain mitigation measures outlined in the Staff Report be adhered to if the Conditional Use Permit is allowed, specifically the storm sewer due to additional traffic; and noted that he is in accord with the basic conditions suggested within the Staff Report. He noted tha the is opposed to the addition of a parking lot. He further noted that he would like to see the irrigation condition applied. He requested that an additional condition be imposed that would require an annual review and $100.00 per year in an escrow account for painting necessary to remove the graffiti. r Mrs. Fran Shields, addressed the Council and opposed the Crisis Center at the requested site and noted that if allowed that a parking lot be required. Mrs. Mary Gold Drummond, 7500 Chestnut Street, addressed the Council requesting that the conditional use permit be denied or that the Staff's recommendations be upheld. Mr. Matthew Drummond, 7500 Chestnut Street, addressed the Council and presented three letters in opposition to the conditional use permit: Mrs. Louise Naccarrato, 7521 Alexander Street; Carmen & Ralph Hernandez, 7498 Chestnut Street; and Mr. & Mrs. Leland Sanders, Martin Street. Mr. Drummond requested that the Staff recomendations be upheld if the conditional use permit is approved. Ms. Jan Gallimore, 264 Martin Street, addressed the Council and opposed to the business proposal of South County Alternatives at the requested site. Mr. Joe Cohn, representing the Church presently located at the site, addressed the Council recommending that Council action be tabled to allow time to review the Planning Commission discussion and action regarding this application. Mrs. Fran Shields, addressed the Council noting that parking on Sundays is a problem; that the church parishioners are parking in Mr. & Mrs. Sanders' lot. Mr. Andy Burrows, Agent for South County Alternatives, addressed the Council further explaining the proposal of South County Alternatives. Mr. Gary Harris, Pastor of the Church of the Nazarene, addressed the Council noting that he was not aware of a parking problem. He noted that the Spanish Church also uses the church on Tuesday, Thursday and Friday evenings. Mr. Russell Shields, addressed the Council noting that the parking problem is due to the Spanish congregation. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the Public Hearing be continued to the July 20, 1987 regular Council meeting in order to hear from Mr. Albert Valencia, Executive Director of .South County Alternatives. The Mayor stated that it was the time and place scheduled for an Appeal of Matthew W. and Mary Gold Drummond on the decision of the Planning Commission regarding approval of a Variance request to Section 11.30 of the Zoning Ordinance to allow a reduction of the required lot size from 6000 sq. ft. to 4860 sq. ft. in an Rl Lot (Parcel 2) and to allow a reduction in the required rear yard setback from 15 feet to 6 feet (Parcel 1), located at 360 Martin Street at the Southwest corner of Chestnut and Martin Streets, Doc McCarn, Applicant. 5536 Res.87-52 Pub. Hear. Prezoning Hispanic Chamber The Staff Report was noted and further explained by Senior Planner Myer. Mr. Matthew Drummond, 7500 Chestnut Street, addressed the Council noting that he is in agreement with the Staff recommendation regarding this Variance. Mr. Doc McCarn, applicant, addressed the Council and further explained the proposal. The Mayor asked if there was anyone further in the audience wishing to speak on the_matter. Mr. Russell Shields, 264 Martin Street, addressed the Council noting that he has no objection to the requested Variance. ] 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. Mr. McCarn, Applicant, agreed to present his proposal before the Architectural and Site Committee. Motion was made by Councilman Kloecker seconded by Councilman Mussallem that the reading of Resolution No. 87-52 be waived and that it'be adopted approving the decision of the Planning Commission. RESOLUTION NO. 87-52 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL RESOLUTION OF THE PLANNING COMMISSION GRANTING VARIANCES TO ALLOW A REDUCTION IN REQUIRED LOT SIZE AND REAR YARD SETBACK AT 360 MARTIN STREET. PASSED AND ADOPTED this 6th day of July, 1987, by the following vote: COUNCILMEMBERS: AYES: KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. None ALBERT, GAGE and PALMERLEE. ~ I ..... NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider prezoning initiated by the City of Gilroy to Rl (Single Family- Residential) Zone and PF (Park/ Public Facility) Zone on 53 acres located west of Santa Teresa Boulevard and south of Sunrise Drive. The Staff Report was noted and furthe~ explained by Senior Planner Myer. The Mayor asked if there was anyone present in the audience wishing to speak on the proposal. There was no comment from anyone in the audience~' The Mayor closed the Public Hearing. Motion was made by Councilman Kloecker seconded by Councilman Mussallem and carried that the reading of a proposed ordinance be waived and that it be introduced and published by title and summary approving the said prezoning as recommended. (The Mayor deviated from the Regular Agenda in order to accommodate interested 'persons.in.the audience.) 1 -... A request of the Gilroy Hispanic Chamber of Commerce was noted requesting a resolution in support of the First Annual Gilroy Hispanic Cultural Festival, September 4, 5 and 6, 1987. Mr. Kenneth Noonan, representing the Gilroy Hispanic Chamber of Commerce addressed the Council and further explained the proposal, noting that the Chamber would provide adequate security to include Sheriff and Private Patrol services in addition to the Poli~e Department personnel. r- I I ..... r- l. ",.., ... Res.87-53 Res.87-54 Muni Pkg.Lots ALUC Rep. Strategic Traffic Plan 5537 Motion was made by Councilman Valdez, seconded by Council- man Kloecker that the reading of Resolution No. 87-53 be waived and that it be adopted in support of the First Annual Festival of the Gilroy Hispanic Chamber of Commerce. RESOLUTION NO. 87 - 53 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE HISPANIC CULTURAL FESTIVAL. PASSED AND ADOPTED this 6th day of July, 1987, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. None ALBERT, GAGE and PALMERLEE. NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Valdez seconded by Councilman Kloecker that the charges for Police Department services at the First Annual Festival of the Gilroy Hispanic Chamber of Commerce be waived as requested for the first year only, noting that the Chamber agrees to provide adequate security in addition to required Police Department personnel. (The Mayor continued with the regular order of the Agenda.) City Administrator Baksa presented and explained a Report on proposed changes to Parking Time Limits in Municipal Lots B and C. Motion was made by Councilman Kloecker seconded by Councilman Mussallem that the reading of Resolution No. 87-54 be waived and that it be adopted changing Parking Time Limits in Municipal Parking Lots Band C as recommended. RESOLUTION NO. 87 - 54 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING PARKING TIME LIMITS FOR MUNICIPAL PARKING LOTS BAND C. PASSED AND ADOPTED this 6th day of July, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: ALBERT, GAGE and PALMERLEE. A request of J. Robert Foster, Councilmember-Morgan Hill, was noted seeking support for reappointment as Representative on the Airport Land Use Commision and Appointment of an Alternate representative. Noted correspondence from the Airport Land Use Commission regarding the above appointments. Motion was made by made by Councilman Kloecker seconded by Councilman Mussallem and carried that Councilman Foster - Morgan Hill be reappointed as representative on the ALUC and that Councilman Kloecker be appointed as Alternate Representative on said Commission. Noted Santa Clara County Traffic Authority's Strategic Plan re: Specifics of Project Highway 85 and offering to inform Council of events relating to this project as they develop. The following information items were noted with no separate discussion on same: Report of Investments with Maturities Exceeding One Year; Long-Term Care Ombudsman Program thanking the City for the 1987-88 Budget Allocation; Catholic Charities thanking the City for the 1987-1988 Budget Allocation for Ombudsman and Homebound Senior Programs; 5538 JPSA 5-26-87 Plan.Com. 7-2-87 P.& R.Com. 6-16-87 Master Street Tree Plan S/W Quad re: Thomas Rd. Bridge Muni Parking Lots Proj. Adjrnmt. Senate Bill No. 740 re: Water Districts Within Santa Clara County; Andrew L. Faber, re: CPG v. Gilroy, et ale - Appeal; Supervisor Wilson re: Local Hazardous Waste Management Plan (AB 2948-Tanner); Planning Staff Approvals, dated June 25, 1987; Catholic Charities thanking the City for support of funds toward their Ombudsman Program; Police Department Certificate of Commendation to Judge Alfonso Fernandez; and ] u. S. Supreme Court Zoning Decision, Daily Journal, June 29, 1987. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of May 26, 1987 were noted. The Report of the Planning Commission Meeting of July 2, 1987 was noted. The Minutes of the Parks and Recreation Meeting of June 16, 1987 were noted. Motion was made by Councilman Kloecker seconded by Council- Councilman Valdez and carried that the Revised Master Street Tree Planting Plan be approved as recommended. The Minutes of the Senior Advisory Board Meeting of May 18, 1987 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of May 12, 1987 were noted. City Administrator Baksa noted that the Southwest Quad participants cannot meet the Assessment District deadline with their timetable of the U. S. Corp. of Army Engineers for con- struction of the six lanes of the Thomas Road Bridge Project; that a two-lane bridge with sidewalks will be proposed to be constructed at the beginning of the project that will allow for six lanes in the future. ~ I J City Administrator Baksa reported that the County of Santa Clara has informally agreed to contribute $50,000.00 toward the parking lot project which would include the Senior Citizens' Parking Lot and the Municipal Lot adjacent to the Court Building. At 12:23 a.m., Tuesday, July 7, 1987 motion was made by Councilman Valdez seconded by Councilman Kloecker that the meeting adjourn to a Special Meeting of the City Council on July 13, 1987 at 7:00 o'clock p.m. in the Wheeler Community Center for Council discussion and action on the proposed City of Gilroy Maintenance District No. 1 and that the previously scheduled Study Session regarding Downtown Revitalization be cancelled. Respectfully submitted, J; . ~~. /s/ SUSANNE E. STEINMETZ City Clerk of the City of Gilroy ]