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Minutes 1994/08/01 Posting Agenda Roll Call Consent cale~dar Ord.94-14 Tree Planting Budget Res.94-60 Ord. 94-15 & 94-16 6543 Regular Meeting August 1, 1994 Gilroy, califprnia The Mayor led the Pledge of Allegiance to the Flag. The city Clerk noted that the Agenda had been posted on July 28, 1994 at 8:45 a.m. Present: councilmembers: Paul V. Kloecker, Charles s. Moral~s, connie Rogers, Suellen C. Rowlison, Pete Valdez, Jr. and Donald F. Gage; 7:00 p.m.; Absent: councilmember: K. A. Mike Gilroy. Motion was made by councilwoman Kloecker, seconded by Councilman Valdez that ~he following items under the Consen~ Calenqar be approved by the following ~oll call Vote: Ayes: councilmembers: Paul V. Kloecker, <;harlies S. Morales, connie Rogers, suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; Absent: Councilmember: K. A. Mike Gilroy: Adopted ordinance No. 94-14 amending sections 26.4 and 26.5-1 of the City code providing that the Gilroy Parks and Recreation Commission shall have final approval authority over the Master Tree List and Master street Tree Planting Plan; ORDINANCE NO. 94 - 14 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING SECTIONS 26.4 AND 26.5-1 OF THE GILROY CITY CODE PROVIDING THAT THE GILROY PARKS AND RECREATION COMMISSION SHALL HAVE FINAL APPROVAL AUTHORITY OVER THE MASTER TREE LIST AND THE 'MASTER STREET TREE PLANTING PLAN. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE None GILROY; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 94-60 approving renewal of Mortgage Credit Certificate Program (MCC) 1994 as recommended; RESOLUTION NO. 94 - 60 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RELATING TO AN APPLICATION FOR ALLOCATION OF MORTGAGE CREDIT CERTIFICATE ISSUANCE AUTHORITY. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE None GILROY; NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: Adopted Ordinances 94-15 and 94-16 respectively, fixing amount of revenue from property taxes necessary to pay bonded or other indebtedness of the city for 1994-1995 and fixing ad valorem assessment for 1994-1995 - parking District No. 1 - First Division; ORDINANCE NO. 94 - 15 ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1994-1995. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: 6544 Minutes cable TV Dev.Agree. (Max Club) pub.Hear. Z 93-09 (sil. valley ('0,) AYES: COUNCILMEMBERS: KLOECKER, MORALES, VALDEZ and GAGE None GILROY; ROGERS, ROWLISON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: ORDINANCE NO. 94 - 16 ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1994-1995 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST DIVISION. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: GILROY; NOES: ABSENT: Approved the Minutes of the Regular Council Meeting of July 25, 1994; Noted the Joint cable TV Refranchising Status and concep- tually approved the Memorandum of understanding as presented; and (Addendum) Approved a Development Agreement with Max club project, located at San ysidro Avenue (Joseph Filice) as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning from Rl (single Family Residential) District to RI-PUD (single Family Residen- tial-planned Unit Development) District on 34.4 acres, located between Church Street and Wren Avenue north of Las Animas park, and west of Wren Avenue along the future extension of Mantelli Drive, silicon valley companies, applicant, Z 93-09. The Staff Report was noted and further explained by planner II Faus. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Geary coats, representing the applicants and owners addressed the council noting acceptance of all conditions of staff and further noted that the owners/applicants would replace the significant oak tree with a minimum of 35 gallon oak trees on each of the 12 lots at the south side of Mantelli Drive. city Administrator Baksa presented a report from the city'S Urban Forester recommending the city use a consultant, Certified Arborist, to make a recommendation on the oak tree that was removed by the developer in error. Discussion was had by council in regard to the city'S present landscaping policy and request to strengthen the present policy for preservation of identified significant trees and suggested a $5000 fine be in place for illegal removal of significant trees. Andy Holiday, 770 Ramona Way, addressed the council and noted that the developers knew that the oak tree removed was of significant status. Tim silva, 787 Ramona Way, and cabinet contractor addressed the council and noted that he has installed cabinets in other homes of Kaufman & Broad and that they were aware of the significant oak tree removed from this project. Don culver, 8539 Kelton Drive, addressed the council and noted that he has read all of the documents in connection with this application and that he disagrees with some of the state- ments within the Traffic study, and noted that three new projects, recently approved, were not included within this study. 6545 John Maciazek, 799 Ramona way, addressed the counci~ and noted concern with the increase traff~c that will be generated on Ramona Way if this development is approved. Lucy Armendariz, 761 Ramona Way, addressed the council opposed to the proposed development and removal of the oak tree within the project. she read a poem authored by her daughter (13 years old) regarding the loss of the oak tree. Mark smith, 297 carla court, that he is a stucco contractor and flbw and opposed to the rezoning. Traffic study and that the traffic addressed the council noting is concerned with the traffic He noted opposition to the flow maps are incorrect. valerie Kelly, residing at the corner of Ramona Way and Kern Avenue, noting opposition to development of the Filice property, noting that Kern Avenue is pot an adequate street to hold the traffic from this proposed development and additional traffic from the development of the Filice property. Andy Holiday addressed the council and noted that traffic is a major problem and needs to be addressed, including a crosswalk on Ramona for the students walking to Rod Kelly School and requested the council address this issue and the problem at the intersection. He further suggested that the city immediately complete the two lanes for the future extension of Mantelli Drive and requested a crosswalk at Ramona and Wren until the extension of Mantelli Drive is completed. Tim silva, 787 Ramona Way, addressed the council and suggested that the city prohibit building of the 12 lots north of Ramona Way and designate said land as a park. The Mayor asked if there was anyone further in the ~udienc~ wishing to speak on he matter. There was no further comment from anyone in the audience. The Mayor closed the Public Hearing. Director of Public Works Allen explained the proposed extension of Mantelli Drive and elimination of an additional oak tree unless the extension of Mantelli is redesigned to provide for the preservation of said tree. He noted that the city recognizes that the completion of Mantelli Drive will alleviate the traffic on Ramona Way and that same should be completed between completion of phase I and beginning of phase 2. At 9:00 p.m. the Mayor declared a Recess and reconvened the meeting at 9:08 p.m. Further discussion was had and the Director of Public Works noted that a crosswalk at Kern Avenue to Rod Kelly school is not feasible and cannot be funded by the Traffic Impact Fees. Mr. Dave Lazares, silicon valley Diversified, addressed the council noting that phasing of the project was based upon economics. council noted that they preferred the alignment of Mantelli Drive that would preserve the oak tree and requested that staff determine if the property owner adjacent to the proposed development would be in agreement to this proposal. Mr. Augie Dent, Kaufman & Broad, addressed the council noting that a delay in approval of this project would be severe and extreme economic impact on their project; that they are ready to proceed immediately noting that the oak tree incident was accidental and that they did not believe said tree to be significant and their action was unintentional. He further noted that they would agree to planting of 12 additional oak trees on the lots on the south side of Mantelli Drive and make every effort to save the oak tree that has been partially removed. 654G pub.Hear. TM 93-04 Motion was made by councilman Kloecker seconded by councilman Valdez and carried that the Negative Declaration be approved as completed in compliance with CEQA, as reflecting the independent judgement of the city and the Mitigation Monitoring Program be adopted. Acting city Attorney Faber noted that additional measures for preservation of the oak tree could be entered in the record at the time the Tentative Map or Architectural and site conditions are approved. Councilwoman Rowlison requested that future references to significant trees be included in the EIR and original Negative Declaration. Motion was made by councilman Kloecker seconded by councilman Morales and unanimously carried that the ordinance approving the rezoning from Rl to RI-PUD be read by title only and waived further reading of the ordinance. The clerk read the title of the ordinance. Motion was made by councilman Kloecker seconded by councilman Valdez and carried that the ordinance approving the rezoning of Z 93-09 be introduced and published by title and summary. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a request for approval of a Tentative Map to subdivide approximately 34.4 acres into 189 residential lots, comprising of 62 single family lots @ 7,000 sq.ft., 56 "cottage" condominium lots @ 3,300 sq,.ft., 71 "village" condominium lots @ 5,000 sq.ft., and a remaining parcel delineated with 23 future lots (Phase VI not a part of current request) on property located between Church street and Wren Avenue, north of Las Animas park, and west of Wren Avenue along the future extension of Mantelli Drive, silicon Valley companies, applicant, TM 93-04. The staff report was noted and further explained by planner II Faus, noting that Mitigation Measures #19 and #20 pertaining to park lands were not discussed at the rezoning public hearing. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Geary coats, representing the applicants, addressed the council and requested approval of a portion of the map if the council were to continue the portion of the map that includes the future extension of Mantelli Drive. Acting city Attorney Faber recommended that council not take action on a portion of the map presented because the application included the entire area. Don Culver addressed the council recommending that the matter be continued because the future extension of Mantelli Drive is critical and should be included in the final decision. Tim silva addressed the council and recommended that council proceed to consider blocking off of Ramona Way. Motion was made by councilwoman Rogers seconded by councilman Valdez and carried that the public Hearing for TM 93- 04 be continued to september 6, 1994 regular council meeting in order to allow staff to discuss the future extension of Mantelli Drive with the adjacent property owner. Action on the Final Map and Development Agreement for this project was also continued to september 6, 1994. Motion was made by councilwoman Rogers seconded by council- woman Rowlison and carried that staff be directed to follow the recommendation of the city'S urban Forester and investigate Pub.Hear. Garb. Rates R~s.94-61 Res.94-62 f .-.,..".... 6547 additional conditions to strengthen the landscape policy of the city to include additional penalties for violators. Motion was made by councilman Kloecker seconded by councilman valdez and carried that A/S 94-15 planned unit Development (PUD) design approval for the overall project design of 189 dwelling units, and specific design approval for the construction of 61 single family detached dwellings on proposed lots west of Wren Avenue, Silicon valley companies, Applicant, be continued to september 6, 1994 regular council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustments of charges for the collection of garbage, rubbish and refuse in the city of Gilroy. 41 The staff Report was noted and further explained by Gity Administrator Baksa noting that the proposed resolution includes 3% cost of living increases previously agreed in concept by council. scott Hobson, partner with the Consultant firm of Hilton, Farnkopf & Hobson, addressed the council noting that they reviewed the application for a rate adjustment and he further explained their recommendation on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed revisions and adjustments of charges for the collection of garbage, rubbish and refuse in the city. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by councilman Kloecker seconded by councilman Valdez that the reading of Resolution No. 94-61 be waived and that it be adopted. RESOLUTION NO. 94 - 61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADJUSTING AND FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, REFUSE, AND RUBBISH. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: AYES: COUNCILMEMBERS: KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBER: GILROY NOES: ABSENT: Acting city Attorney Faber presented and explained a proposed resolution of necessity required for the acquisition of a fee interest, utility easement, and construction easement on property within the North Forest Street Assessment District identified as the chen Property and noted that the resolution directs the filing of eminent domain proceedings. He further noted that there does not appear to be any contest, however because of the divided ownership and difficulty in obtaining all signatures to receive clear title of the property, this process is necessary. Director of Public Works Allen explained the necessity of the easements required to provide larger turning radius as the property will be serviced by large trucks and noted that the construction easement is a temporary easement, further explaining the findings necessary for these proceedings. \:' Motion was made by Councilman Kloecker seconded by councilman Morales that the reading of Resolution No. 94-62 be waived and that it be adopted, determining necessity required for acquisition of said property and directing the filing of Eminent Domain proceedings. ~ . 6548 SCCO.Manf. Group Plan.Com. 7-27-94 SCRWA RESOLUTION NO. 94 - 62 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF A FEE INTEREST, UTILITY EASEMENT, AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 835-01-049 AND -50 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 1st day of August, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBER: KLOECKER, MORALES, ROGERS, VALDEZ and GAGE None GILROY ROWLISO~, Mr. Terry Fineberg, Executive Director of Tri county Apartment Association and Chris Block of the catholic Charities and member of the Housing Action Coalition, representing Santa Clara County Manufacturing Group, addressed the Council and distributed The Housing Action Coalition Research Brochure noting the realities of affordable housing and myths of same. Council took no action on the request of San Juan capistrano for a resolution in support of the League of California cities Public safety Committee regarding Crime. The following informational items were noted with no separate discussion on same: Customer Service: Jerrod and Justin Nicholls In Appreciation of Fire Fighters ID Cards; South county News Article re: Volunteer Service Program; Gilroy Garlic Festival Association In Appreciation of Parks & Recreation Department's Efforts; Matthew Drummond In Appreciation of Police Department's Actions; Planning Department Update Report of Long-Range Applications; Alliance for Food and Fiber Mediterranean Fruit Fly (Medfly); for anyone desiring to view.) Video on Infestation of the (city Clerk has a Video tape Proclamation Issued by Mayor Gage: Ivie Anderson Day _ August 14, 1994; Monthly Cash and Investments Report - April 30, 1994 and May 31, 1994; and city of San Jose Retirement Event for Representative Don Edwards. (RSVP city Clerk by 9-1-94.) The Report of the Planning commission special Meeting of July 27, 1994 was noted. The Minutes of the South county Regional Wastewater Authority (SCRWA) Meeting of May 24, 1994 were noted. The Mayor explained the SCRWA June 1994 meeting regarding San Martin sewer services approved at South County Regional Wastewater Authority level. city Administrator Baksa requested Council return the maps to the city Clerk for A/S 94-15 and TM 93-04 Silicon valley applications continued to september 6, 1994 regular meeting. -r Mayor Pro- tempore Adjrnmt. . ; 6'5 4 ~} city Administrator Baksa distributed copies of RFPs for the Youth Center requesting any additions desired by council and to contact Parks & Recreation Director if Council wishes proposals be forwarded other organizations after tonight's meeting. The Mayor appointed councilman Kloecker as Mayor Protempore for a term expiring April 1, 1995. The Mayor reported on a successful Garlic Festival with minimal problems. The Mayor noted no council Meetings scheduled until september 6, 1994. councilwoman Rowlison requested the Resolution supporting and indicating intent to participate in "Healthy Region consortium" be re-agendized for september 6, 1994. councilman Morales gave a report on the League of California cities Conference he and councilwoman Rogers recently attended in Monterey. The Mayor noted the following: city of Gilroy Annual Barbecue, August 20, 1994 - 4:00 p.m. to 11:00 p.m., christmas Hill Park; League of california cities General Membership Meeting, August 25, 1994 - 5:30 p.m., Ming's Restaurant, Palo Alto. RSVP 8-12-94 city Clerk; councilmembers: Rowlison, Valdez, Kloecker & Rogers requested reservations for same; Gilroy city Council study session, september 12, 1994 - 7:00 p.m., council Chambers, city Hall, 7351 Rosanna street, Gilroy, CA 95020 re: city council Goals and Objectives - strategic Plan; Joint Council/chamber of Commerce Board of Directors study session, september 15, 1994 - 7:00 p.m., Chamber of Commerce Conference Room, 7471 Monterey street, Gilroy, CA 95020, re: Issues of Mutual Concern; and Joint council/Planning commission study session, september 20, 1994 - 7:00 p.m., Employees' Lounge, city Hall, 7351 Rosanna street, Gilroy, re: Briefing by county of Santa Clara staff regarding Revisions to the county of Santa clara General Plan. At 11:04 p.m. the Mayor Adjourned to Tuesday, september 6, 1994. (September 5, 1994 Legal Holiday) (August 15 and 22, 1994 Regular Meetings previously cancelled.) Respectfully submitted, ~a.w)~ /c9~ Susanne E. ste1nmetz, cit~r~