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Minutes 1988/03/07 5602 Posting Agenda Roll Call Intro.New Emps. " Regular M~eting of March 7, 1988 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on March 3, 1988 at 8:34 a~m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, paniel D. Palmerlee, and Pete Valdez, Jr. and Roberta H. Hughan. The Mayor introducen New Employees: Angela D. Suniga, Police Records Clerk I (not preeent); Katherine Paganucci, Recreation Coordinator; and Kelly,Jo Robertson, Niki Bruick and David J. Rivers, Public Safety Dispatcher' Clerks I - Police Department. Consent Calendar Minutes Res.88-11 ",.... ..... Claim- I Magana Bids re: Wheeler Phase II - ..... Bid re: Vehicles Pub.Hear. L.Willis Rezoning ~ Pub. Hear. Easement Vacation ... Pub. Hear. Country Club Est. TM 87-4 ,5603 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: Councilmembers: Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of February 16, 1988; Adopted Resolution No. 88-11 of Intention to Vacate all or part of a utility easement in the vicinity of Hecker Pass Highway and Kelton Drive. RESOLUTION NO. 88 - 11 RESOLUTION OF INTENTION TO VACATE ALL OR PART OF A 6 FOOT ROAD AND UTILITIES EASEMENT ALONG THE WEST BOUNDARY OF A PARCEL ON THE NORTH SIDE OF HECKER PASS HIGHWAY EAST OF ITS INTERSECTION WITH KELTON DRIVE. PASSED AND ADOPTED this 7th day of March, 1988, by the following vote: AYES: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Denied Claim of Florentino Magana as recommended. .. City Administrator ~aksa presented and explained a recom- mendation to award a bid of Bruns Belmont Construction, Inc., San Jose in the amount of $37,989.00 for Wheeler Phase II Walkway & Trellis Project. Motion was made by Councilman Mussallem seconded by Coun- cilman Valdez and carried that the bid of Bruns Belmont Construc- tion, Inc., San Jose be awarded in the amount of $37,989.00 for Wheeler Phase II Walkway & Trellis Project as recommended. City Administrator Baksa presented and explained a recom- mendation to award the bid of the State of California in the amount of $58,486.64 for five (5) special vehicles for the Police Department. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the bid of the State of California in the amount of $58,486.64 be awarded for five (5) special vehicles for the Police Department as recommended. The Mayor stated that it was the time and place scheduled for the Continued Public Hearing to consider a rezoning request from Al (Agriculture) District to Ml (Limited Industrial) Dis- trict, located at 350 Buena Vista Avenue, Larry Willis, Applicant (Z 87-6) and recommended that same be continued to May 16, 1988 to follow the continued Public Hearing of the Planning Commission. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the Public Hearing for the rezoning appli- cation of Larry Willis, Z 87-6 be continued to May 16, 1988 regular Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider vacation of easements on Hecker Pass Highway and Kelton Drive recommending that same be continued to the April 4, 1988 Regular Council Meeting to allow for publi- cation and posting of an additional easement in the same vicinity. Motion was made by Councilman Palme.rlee seconded by Coun- cilman Kloecker and carried that the Public Hearing to consider abandonment of utility easements be continued to the April 4, 1988 Regular Council Meeting as recommended. The Mayor stated that it was the time and place scheduled to consider a Tentative Map request of Gilroy Country Club Estates Partnership for a residential subdivision of 123 Lots, 5604 located north of Hecker Pass Highway and west of Santa Teresa Boulevard (TM 87-4). The Mayor explained the project to the government students present in the audience. Planner II Faus presented and explained the Staff Report. Director of Public Works Cox explained the sewer, drainage and water systems of the proposed project. The Mayor opened the Public Hearing and asked if there were proponents in the audience wishing to speak on the matter. Mr. Allen Butler, Project Manager, representing the owners, addressed the Council further explaining the project. -, ...... Mr. Keith Higgins, Traffic Engineer of the project, addressed the Council noting recent and prior traffic counts taken at the project site. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Gary Loesch, 8380 Burchell Road, representing some of the residents on Burchell Road, addressed the Council noting opposition to Burchell Road being used as a secondary access road and requested an amendment to the Tentative Map and further study on the causes and effects of using same as a secondary road. Mrs. Rosemary Ciraulo, 8405 Burchell Road, addressed the Council requesting that Burchell Road be eliminated as an access road from the project. She presented California Highway Patrol Traffic Reports from 1985 noting accidents that have occurred in the immediate vicinity of Burchell Road. Mr. Pat Dillon, 8365 Burchell Road, addressed the Council questioning the proposed storm drainage system of the project. Director of Public Works Cox further explained the drainage __ system proposed from County Club Drive onto Burchell Road. .... Mr. Bill McClintock, M & H Engineering, addressed the Council further explaining the drainage pattern of the area. Mr. Joe Galletto, 8545 Burchell Road, addressed the Council requesting that Hecker Pass Road as a secondary access be con- structed as soon as possible. He noted that the Nob Hill Family Park Traffic Report did not address the traffic at Hecker Pass and Burchell Road Intersection. He requested that no further development after Phase I be allowed until the access road to Hecker Pass Highway is constructed. Ms. Lisa Thornquist, Ridgeway Drive (off of Mantelli Drive), addressed the Council and noted that she believes that Mantelli Drive will not handle the traffic proposed and should be investigated further. City Engineer Allen noted that Mantelli Drive is classified as a collector street on the General Plan and that one section near the church property will be widened in approximately 2-3 years. Mr. Bill Christopher, 8360 Burchell Road, addressed the Council noting that he is not opposed to the project, but has a problem with the planned secondary access road connecting to Burchell Road and requested that the required secondary access road be constructed directly to Hecker Pass Highway as originally planned and if not feasible he recommended that a gate be placed across the proposed access road at Burchell Road. He further requested that the developers landscape both sides of the access road and not just the City's side of the Golf Course. ~ i .." Mr. Wallace, Vista Del Monte Court, (off of Burchell Road) addressed the Council requesting that the Tentative Map presented be denied and require the developers to put in an access road to Hecker Pass Highway at Phase I of the development. .p 5 6 0 5 Mr. Allan Stewart, resident of Carriage Hills II develop- ment, representing a small group of residents in this area, addressed the Council noting concern about the Mantelli Drive traffic situation. He noted that he previously lived in north county and viewed development where access roads were promised and not constructed and saw traffic increase from 5,700 to over 12,000 per day. He also noted his concern about the traffic speed on Mantelli Drive causing danger to the neighborhood. ".... Ms. Thornquist, addressed the Council, noting concern of the sewage capacity in the proposed development not being up to the City's expectations due to sewer back-up on the street when she first moved to the Carriage Hills II development. She noted excessive traffic on Mantelli Drive even though the Rancho Hills outlet is planned for residents of Carriage Hills, since Mantelli Drive is a straight line from the proposed project. ... Mr. Loesch, addressed the Council and noted that of the 120+ lots to be developed that over 70 of the lots have already been spoken for; therefore development should occur quite rapidly. The Mayor asked supporters in the audience from Burchell Road to stand. Mr. Pat Dillon, addressed the Council and inquired of the gated road in the Sundance development, noting that it was his understanding that there is no other access road to that project. The Mayor noted that this project requires a secondary access (ungated) because of the number of units proposed. ..... Ms. Kathy Ladd, 1700 Colony Court, addressed the Council concerned about 5,000 vehicles proposed for Mantelli Drive in the future. She also noted her concern about the water pressure that is already low in her area and requested that the sewage being handled from the proposed project be further addressed in the future. ..... Director of Public Works Cox noted that Colony Court area is in a marginal pressure zone. He noted the connection of the water main loop down Rancho Hills Drive to Longmeadow would in- crease volume but not pressure; an in-house booster pump would correct this. He further noted that the Capital Improvement Bud- get provides for a connection from the reservoir line from Man- telli Drive south to just beyond Welburn and is scheduled to be constructed this fiscal year to assure adequate volumes to the area, but pressure is restricted by the elevation at that location. Mr. Garrett Ciraulo, Burchell Road, addressed the Council inquiring of the natural water table that supplies the wells in the proposed project and requested this matter be considered. Ms. Susan Gamm, 8765 Rancho Hills Drive, addressed the Council noting that she was not aware that Rancho Hills and Mantelli Drive were collector streets and requested that the new houses face the back of collector streets. She also requested that the developers of the propposed project be required to provide the access street to Hecker Pass Highway. ".... The Mayor noted that this is probably the twelfth meeting the City has had on this proposed project and new residents in the area probably would not have known about these proposed plans if they had not inquired of this at City Hall. .... Mr. Sig Sanchez, 286-5th Street, partner in the Project, addressed the Council and noted that Phase 4 of the project could be part of Phase 2 and that if and when the City allows adequate sewage to construct the 74 units they would commit at that time to build the Hecker Pass access. He further noted that on page 2 of the Planning Department Staff Report it indicates that the map expired on August 18, 1987 and they do not totally accept the fact that it did expire because of the moratorium stage and the law states that a moratorium position without adequate services would continue the expiration date of the map. 5606 City Administrator Baksa asked the City Attorney if construction of an access road to Hecker Pass Highway could be a condition of the present Tentative Map. The City Attorney stated that on the present map conditions would be limited to Phase 1 portion of the map. He further stated that the developers have agreed to the construction of this access road at a public meeting. He further noted that it could be a part of the Development Agreement, a commitment for future development at a stated point of development; however, this could not be imposed by Council at this point because it is not part of Phase 1, Tentative Map. Mr. Sanchez stated that they are willing to enter into a Deferred Development Agreement committing themselves to construct an access road to Hecker Pass Highway at the time that they get adequate sewage allocation, approximately 72-74 units. ,.... ...... The Mayor closed the Public Hearing at 10:30 p.m. Discus- sion was had by Council and the following additions to the con- ditions discussed earlier were requested to be included as conditions of Phase 1 of the Tentative Map of Gilroy Country Club Estates: 1) Condition No. 15 - Flag lot should be covered in said condition. 2) Condition No. 16 - Footprint or envelope be determined for each lot by the Developer. 3) Condition No. 24 - Access to future Golf Course expansion to the northwest shall be preserved. 4) Landscaping to be required on both sides of the secondary access road. 5) Include in Parks & Recreation Conditions, under No. 14 or under a separate condition that lighting on the secondary ~ access road will be carefully designed to minimize glare to adjacent properties. ... 6) Added Condition as stated by the City Attorney: Condition approval of this Tentative Map generally upon the Developer entering into a future development agreement for Hecker Pass Highway access. He further stated that this condition would be if and when sewer capacity is available and if and when the developers can build, and if and when the developers are goi~g to build, there would be a development agreement and before a lot is constructed that access road to Hecker Pass Highway would have to be part of the development plan and installed along with the off- site improvements. If there is no sewer capacity, nothing happens. It was further stated that a condition on this agree- ment does not prioritize further development. 7) Regarding the statement on the Tentative Map relating to the secondary access as "shall be removed," that same be deleted from said map. Discussion was had regarding a signal at Hecker Pass High- way and Burchell Road. Planner II Faus stated that correspon- dence from both Cal Trans and Santa Clara County Transportation Agency want to review future phases of this project as it relates to the Hecker Pass/Burchell intersection, but at this point in ~ time they had no comments. City Engineer Allen stated that when the Project is forwarded to both agencies for review they will .. determine if it meets the warrants for a traffic signal and if it does their recommendation would be to require the developer to install it at that time. Councilman Mussallem requested that the County be contacted to determine what mitigation measures were imposed upon Nob Hill Family Park Development as to their requirement in participation in traffic signals on Hecker Pass Highway and if at a future time they will be required to contribute to the funding of same. Res.88-12 (TM 87-4) ,""'" .... Recess Pub. Hear. Rezoning City Prop. "","""'\lIII ...... Low-Income Hous.Units ~ .... 5607 8) Include that the Developer must sign a Deferred Development Agreement that would require the installation of the Hecker Pass Highway access road when they build the next phase of their project. The Mayor stated that if Cal Trans will approve a traffic signal on Hecker Pass Highway, in the next phase of development the City could require the developer to contribute to funding of same. Motion was made by Councilman Mussallem seconded by Coun- cilman Palmerlee that the reading of Resolution No. 88-12 be waived and that it be adopted approving the Tentative Map of Gilroy Country Club Estates (TM 87-4) to include the Staff's recommendations and conditions and the additional conditions discussed by Council. RESOLUTION NO. 88 - 12 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 123 RESIDENTIAL LOTS ON APPROXIMATELY 100 ACRES OF A 370 ACRE SITE ON THE NORTH SIDE OF HECKER PASS HIGHWAY WEST OF MANTELLI DRIVE. PASSED AND ADOPTED this 7th day of March, 1988, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None At 10:47 p.m. the Mayor declared a five minute recess. At 10:52 p.m. the Mayor reconvened the Meeting. Council- members: Gage, Mussallem and Palmerlee absent. The Mayor stated that it was the time and place scheduled to consider a Rezoning initiated by the City of Gilroy from Rl (Single Family Residential), R2 (Two Family Residential), R3 (Medium Density Residential) and County Ag to Public Facility District. (Z 88-1) City Administrator Baksa noted and further explained the Staff Report. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that a proposed ordinance be introduced and published by title and summary approving the Rezoning as recommended. Councilmembers: Gage, Mussallem and Palmerlee were absent. At 10:55 p.m. Councilman Mussallem entered and took his seat at the Council table. The Staff Report on recommendation for 24 Unit Sewer Allo- cation for Low-Income Housing was noted. At 10:56 p.m. Councilmembers Gage and Palmerlee entered and took their seats at the Council table. City Administrator Baksa noted the two requests (South County Housing and Clifford D. Brabant, Inc.) for the 24 unit sewer allocation further explaining his recommendation on same noting that technically an agreement for same cannot be entered into until the agreement with Las Animas Technology Park is void proposed for approximately April 1, 1988 and the sewer allocation returned to the City. Mr. Allan Hayes, President of South County Housing, 7810 Driftwood Terrace, addressed the Council and introduced their Board of Directors present in the audience and Marie Juncker, Executive Director. Ms. Marie Juncker, Executive Director, addressed the Council and explained the specifics of the project proposed for Kern Avenue, north of Rod Kelly School. 5608 Rancho San Benito Proj. San Martin Interchange Invstmnt. Policy CDBG Funds Trans.Com. Haz Mat Collect. Day Ms. Janet Falk, Community Economics of Oakland, a non- profit technical assistance organization, addressed the Council noting that they work solely for non-profit organizations as well as public agencies, explaining the feasibility of the proposed proj ect. Mr. Clifford Brabant, Jr., addressed the Council further explaining his proposed project for low-income housing. Motion was made by Councilman Palmer lee seconded by Councilman Valdez and carried that the 24 unit sewer allocation for low-income housing be granted to South County Housing and requesting that the City Administrator work with them to determine when the funding will be received to begin the project and if funds are not received by the dates agreed upon, the sewer allocation be returned to the City for reallocation to another low-income housing project to be determined by Council. ~ ..... Mr. Ed Johnson, presented a proposed Rancho San Benito Project further introducing Mr. Geary Coats, consultant who gave a slide presentation of said project. Council reviewed the City's responses to the County of Santa Clara regarding the San Martin Interchange Study. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the City's response be approved with changes by the Mayor and City Administrator to initiate the process of including both sides of Masten Avenue into one sphere of influence and comment accordingly. Director of Finance Reinsch presented and explained a re- vised investment policy for the City recommending approval of same. Motion was made by Councilman Valdez seconded by Councilman Gage and carried that the City's investment policy as presented be adopted as recommended. .... A request from the I.O.O.F. Children's Home for support for CDBG County Funding was noted. ..... Motion was made by Councilman Valdez seconded by Councilman Hale and carried that the City supports the 1.0.0.F. Children's Home to receive CDBG County funding. A request of Supervisor McKenna requesting recommendations on a change in focus and structure for the Transportation Commission was noted. Councilman Kloecker recommended that action be deferred to the April 18, 1988 regular Council Meeting to allow for the Commission to make their recommendation on the subject. Council had no objection to same. A request of the City of Morgan Hill regarding Household Hazardous Waste Collection Day June 4, 1988 was noted and the Council agreed that the City of Gilroy will participate. The following informational items were noted with no separate discussion on same: Proclamations Issued by Mayor Hughan: DECA Week - February 7-13, 1988; Amnesty Awareness Week - March 21-27, 1988; Child Abuse Prevention Awareness Week - April 4-10, 1988; and Agriculture Day - March 21, 1988; ... .... Minutes of the Gilroy Downtown Development Corporation meeting of February 5, 1988; Minutes of the Historic Heritage Committee Meetings of February 9, 16 and 23, 1988 (re: Ford's Department Store); State Department of Youth Authority Distinguished Program Award to Gilroy Police Department; Project Match Inc. in Appreciation for recent Funding; "... I -.... "... I I .... "... ... Plan.Com. 3-3-88 JPSA Com. P.& R.Com. 2-16-88 Lib.& Cult. 1-12-88 Sewer Al- location 1988-93 Budget Jt.Council Plan.Com.Mtg. 5609 Senator Mello re: Gilroy Depot; Police Department Co-Employees of the Month of January 1988, Michelle Costa, Parking Officer and Steve Morrow, Poli~e Officer; Letters to Senator Mello and Assemblyman Areias Requesting Legislation to Amend or Clarify State Statute regarding Sales Tax Exemption; Greenbelt Coalition in Appreciation of Council Supporting a New Open Space District in Santa Clara County; Public Forum on Hazardous Waste Planning. Mayor Hughan and Councilman Kloecker noted that they are planning to attend; Planning Staff Approvals, dated February 26, 1988; Minutes of the South County Joint Planning Project Committee Meetings of February 11 and 25, 1988; and Report of Investments with Maturities Exceeding One Year. The Report of the Planning Commission Meeting of March 3, 1988 was noted. The Progress Report on the Downtown Revitalization Program was noted. City Administrator Baksa recommended amending the Agenda Item (l.a.) for award of the bid for a Geotechnical Engineering Firm for the Design of the Gilroy-Morgan Hill Wastewater Denitrification Facilities. Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that the agenda be amended to consider awarding a bid for the Geotechnical Engineer Firm. Motion was made by Councilman Kloecker seconded by Council- man Hale and carried that the bid of Earth Sciences Associates in the amount of $55,000.00 be awarded for the Geotechnical Engi- neering Firm for the design of the Gilroy-Morgan Hill Wastewater Denitrification Facilities as recommended. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Contract be awarded to James Montgomery Engineers for the Final Design of the Denitrification Facilities as recommended. The Minutes of the Parks and Recreation Commission Meeting of February 16, 1988 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of January 12, 1988 were noted. The Minutes of the Library and Culture Commission Meeting of January 12, 1988 were noted. The Museum Report dated February 9, 1988 was noted. Discussion was had on Sewer Reallocation Priorities and recommendation presented and explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the sewer reallocation priorities be approved as recommended contingent on the refunding of sewer allocation by Las Animas Technology Park. The 1988-1993 Budget Schedule was presented. The Joint Gilroy Planning Commission/City Council Study Session, March 28, 1988 - 7:00 p.m., Council Chambers, 7351 Rosanna Street, Gilroy, CA re: Report by the Transportation Consultants was noted. ~ 5610 Adjrnmt. The Mayor noted the Public Forum on Hazardous Waste Planping, March 10, 1988 - 7:30/9:30 p.m. at Gavilan College. At 12:39 a.m., Tuesday, March 8, 1988 the Mayor adjourned the meeting. Respectfully submitted, ~~.