Loading...
Minutes 1994/09/06 <....."...'... .....- --------" Regular Meeting september 6, 1994 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. posting Agenda The city Clerk noted that the Agenda had been posted on september 2, 1994 at 8:15 a.m. 6'5 4 ~J 65JO Roll call New Emp. Emp.Award Consent Calendar Claims Ord.94-17 Minutes Budget Res.94-63 SCC Disaster Agreement SO.CO.Ag. Pres.Agree Granny Flats Res.94-64 Present: councilmembers: K. A. Mike Gilroy, Paul V. Kloecker, charles S. Morales, connie Rogers, Suellen c. Rowlison, Pete valdez, Jr. and Donald F. Gage; 7:02 p.m. The Mayor introduced the following new employees: Roy Alba, community service Officer, and Nimat Shakoor-Grantham, Building & Life safety Inspector, Housing Code Enforcement. The Mayor presented the Employee Award for the Month of July, 1994 to James Trujillo, Groundskeeper I. Motion was made by councilman Gilroy, seconded by Council- man Valdez that the following items under the Consent calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gflroy, Paul V. Kloecker, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage: Denied Claims of Patricia Murphy and shannon Neudeck as recommended; Adopted Ordinance No. 94-17 rezoning from Rl (Single Family Residential) District to RI-PUD (single Family Residential- 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; ORDINANCE NO. 94 - 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY REZONING FROM Rl (SINGLE FAMILY RESIDENTIAL) TO RI-PUD (SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT) ON APPROXIMATELY 34.4 ACRES, APN'S 790-16-036,-059, AND 790-18-035. PASSED AND ADOPTED this 6th day of September, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Approved the Minutes of the Regular Council Meeting of August 1, 1994; Approved Budget Amendments/Transfers as recommended; Adopted Resolution No. 94-63 honoring and commending the services of Vern A. Gardner, Assistant Chief of Police, upon his retirement; RESOLUTION NO. 94 - 63 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING AND COMMENDING THE SERVICES OF VERN A. GARDNER, ASSISTANT CHIEF OF POLICE, UPON HIS RETIREMENT. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Approved Santa Clara County operational Area Disaster Response and Recovery organization Interim Agreement; Approved a Reimbursement Agreement for the South county Agriculture Preservation study as recommended; Approved the recommendation to charge no fees for develop- development of "Granny Flats"; Adopted Resolution No. 94-64 accepting terms and conditions for Federal funding of bridge improvements and authorized the city Administrator to execute the necessary agreements; Intro Ord. Res.94-65 Pub.Hear. TM 93-04 6551 RESOLUTION NO. 94 - 64 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ACCEPTING TERMS AND CONDITIONS FOR FEDERAL FUNDING OF BRIDGE IMPROVEMENTS. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None; Introduced an ordinance amending section 2.41(b)(4) of the city code providing for the responsibility of the city purchasing Agent to establish competitive processes to be published by title and summary; and Adopted Resolution No. 94-65 ordering the deadline for issuing a rate order be tolled for an additional 90 days in order to allow time to review and analyze Falcon Cable's submittal of FCC Form 1200; RESOLUTION NO. 94 - 65 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING THE DEADLINE FOR ISSUING A RATE ORDER REGARDING FALCON CABLE'S SUBMITTAL OF FCC FORM 1200. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated it was the time and place scheduled for a continued 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 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. (continued from 8-1-94.) The staff Report was noted and further explained by Plan- ning Director Dorn including the recommendation of the Urban Forester to not retain either oak tree. He further noted the additional 23 lots are not included in this request; that the applicant would have to re-apply for RDO approval for these lots. Acting city Attorney Faber noted that the applicant would not have vested rights of the 23 allocations. Public Works Director Allen explained the reason for the recommendation of Amanda Way street opening at Mantelli Drive and that the Storm Drain Easement has not been obtained from the adjoining property owners. He further noted that Mr. Burch, adjacent property owner, supports the original alignment of Man- telli Drive and not the redesign of Mantelli Drive to the south. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following addressed the council: Geary Coats, representing the applicant, Silicon Valley Diversified and Kaufman and Broad, Inc., reported on the meeting with Mr. Burch and staff noting that he has agreed by letter that the original alignment of Mantelli Drive should be adhered to and if so, he will cooperate with additional rights-of-way required in order that the complete road would be constructed. He further noted that he will work with staff and attempt to resolve the 6552 tree issue and that Kaufman and Broad, Inc. will plant 12 addi- tional trees in 36 inch planter boxes on Ramona Way properties. James H. Bremond, representing Kaufman & Broad, noted they would agree to payment of a dollar amount if council requires same. councilwoman Rowlison requested the city review the Land- scape policy to conserve oak woodlands and preserve oak trees. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. The following addressed the council: Chris Bergman, 300 Ronan Avenue, objected to the density behind Ronan Avenue and requested approval of larger houses along Ronan Avenue; John Maciazek, 799 Ramona Way, noted his primary concern to be traffic and requested the extension of Mantelli Drive; Don culver, 8539 Kelton Drive, noted the neighborhood appreciates the council concern and that the developers have been working with city staff/council. He further requested Kaufman & Broad be required to continue the extension of Mantelli Drive; Gloria Ballard, MH Engineering, representing the Burch property, noted that Item #4 be deleted from the letter submitted regarding Mr. Burch's property; that Kaufman & Broad have agreed with Items 1, 2 & 3 and that Item 5 speaks to a request for points for capital improvements when application under the RDO is submitted. Planning Director Dorn explained that capital improvements would guarantee points under the RDO procedure but not specific points; James Bremond, Kaufman & Broad, noted that the extension of Mantelli Drive is a Kaufman & Broad offer and that this cannot be a requirement of silicon valley companies at phase I; Andy Holiday, 770 Ramona Way. Heard from Garret Holiday, noting that trees offered by the developers could be utilized at Rod Kelly school or adjacent park at Kelton & Kern. Andy Holiday believes the tree in the proposed roadway could be preserved and requested additional trees be required at designated sites for the neighborhood; Director of Public works Allen noted that if the extension of Mantelli Drive is a condition of development that all costs including acquisition costs and right-of-way costs be borne by the owners; and Dave Lazares, Silicon valley Diversified, noted that they are willing to abide by conditions that Mantelli Drive be extended in phase II and would agree to all costs involved; specifically that should condemnation be necessary, all costs for same and installation of proper drainage and necessary construction to complete Mantelli Drive. He further noted that he would execute the RDO Agreement for 1994 allocations and would relinquish all RDO allocations for 1995 if he did not perform. 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. At 9:00 p.m. the Mayor declared a Recess in order to change the video tape and reconvened the meeting at 9:07 p.m. continued discussion was had by council on the matter. Res.94-66 Res.94-67 GPA 93-04 & GPA 93-03 MAC SA 6~5? J J urban Forester Brandini noted that with correctional treatment to the oak tree there would still be no way to predict failure potential. Motion was made by councilman Gilroy seconded by councilman Morales that the reading of Resolution No. 94-66 be waived and that it be adopted approving TM 93-04 which approves the Tentative Map as presented with the proviso for the extension of Mantelli Drive to include condemnation costs if necessary and relinquishment of RDO allocations in future years if no performance as stated by Dave Lazares. RESOLUTION NO. 94 - 66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONDITIONALLY APPROVING APPLICATION TM 93-04 FOR A VESTING TENTATIVE SUBDIVISION MAP SUBDIVIDING APPROXIMATELY 34.4 ACRES INTO 189 RESIDENTIAL LOTS, AFFECTING APN'S 790-46-036, -059, AND 790-18-035. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES and GAGE NOES: COUNCILMEMBERS: ROGERS, ROWLISON and VALDEZ ABSENT: COUNCILMEMBERS: None Council directed staff to compile a report of the value of the two oak trees with a recommendation for planting of additional trees as to location and size. Planning Director Dorn explained the recommendation for approval of A/S 94-15 planned unit Development Design Approval. Motion was made by councilman Kloecker seconded by councilman Gilroy that the reading of Resolution No. 94-67 be waived and that it be adopted. RESOLUTION NO. 94 - 67 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A/S 94-15, AN APPLICATION FOR ARCHITECTURAL AND SITE REVIEW OF A PLANNED UNIT DEVELOPMENT FOR THE OVERALL PROJECT DESIGN OF 189 RESIDENTIAL DWELLINGS UNITS, AND SPECIFIC DESIGN APPROVAL FOR THE CONSTRUCTION OF 62 SINGLE FAMILY DETACHED DWELLINGS (REPRESENTING THE FIRST PHASE OF A LARGER PROJECT) ON APPROXIMATELY 34.4 ACRES ON PROPERTY ZONED RI-PUD (SINGLE FAMILY RESIDENTIAL, PLANNED UNIT DEVELOPMENT), APNS 790-16-036, -059, AND 790-18-035. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROGERS, VALDEZ and GAGE ROWLISON None COUNCILMEMBER: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for continued Public Hearings to consider General plan Amendments GPA 93-04, Greg Mussallem & Ivan zubow, applicants, and GPA 93-03 David Ninomiya, Ben & Ann Koda, applicants, and that the appli- cants have requested continuation to March 20, 1995 and that the portion of the Public Hearing pertaining to certification of the EIR be continued to september 19, 1994 regular council Meeting as recommended by Planning Director Dorn. Council concurred. city Administrator Baksa reported on the request for proposals regarding the Gilroy community Youth Center recommend- ing that authorization be given to execute an Agreement with MACSA for locating in the Center. Motion was made by councilman Kloecker seconded by councilman Gilroy and carried that the Agreement with MACSA for locating in the Gilroy Community Youth Center be approved and executed as recommended. 6S5~ silicon valley Dev. CMA Adv. Com. A request of MH Engineering for silicon valley Develop- ment's request to trade the 1994 RDO allocation for 1995 RDO approval was noted. The staff Report was noted and further explained by Planning Director Dorn. Motion was made by Councilman Kloecker seconded by councilman Gilroy and carried that staff be authorized to attempt to find an applicant to trade their allocation for future year build-out and if unable, allow applicant to construct their four model homes with the 1994 Buildout schedule and grant the one- year extension for the remaining lots. Discussion was had regarding the MACSA proposal for the Gilroy community Youth Center program and progress of the Youth center project. councilman Kloecker reported on the request of the Conges- tion Management Agency for nominations to CMA citizens' Advisory committee and requested council provide suggested nominations at the september 19, 1994 council Meeting. Noted and took no action on a request of The Coalition to Retain Local control for opposition to SB 1691 since this bill has passed and is waiting for the Governor's signature. The following informational items were noted with no separate discussion on same: Correspondence re: 1994 state Budget: Assemblyman Areias re: Vehicle License Fee Revenues; customer Service: Town of Los Gatos Police chief in Appreciation of the Gilroy Police Department; Building Division In Appreciation of Gavilan College for video Training; sedwith Pictures In Appreciation of Gilroy Recreation services; California Department of Forestry & Fire Protection - South Santa clara county Fire District In Appreciation; Kathy sakahara In Appreciation of Police Department Response; Gilroy Garlic Festival Association In Appreciation of Parks & Recreation and Police Departments Assistance; second Harvest Food Bank In Appreciation of senior Center Facilities for Brown Bag Program; Annette Diaz in appreciation of virginia and will Montano for their assistance; Annette Diaz in appreciation of Roy and David sumisaki for their assistance; Joe Rynkiewicz in appreciation of officers Baty, Martin, Provost and svardal; Bob cates, Gilroy Foods, Inc., in appreciation of sergeant Smithee and officer Ynzunza for their assistance in controlling traffic; city's Response to Gavilan Hills Art Association In Appreciation of painting from sister city of Monticelli d'ongina; Plan.Com. 8-4-94 6555 Update of Joint Venture: silicon valley Network and Invitation to Leadership council Meeting september 22, 1994; Local Agency Formation commission Public Hearing on 1994 Santa Clara County Library service Area; Gilroy visitors' Bureau Advisory Committee Meeting of July 14, 1994; Local citizens' In Response to MACSA Programs: MAC SA El Toro Youth Association; Jack Lucas, South Zone Representative of Santa Clara county Traffic Authority re: 1994 Draft strategic Plan.; city's Response to AB 2876 re: Alarm systems and to AB 2803 and AB 362 re: Gaming control; Santa clara county Transportation Agency re: Discontinuance of Park & Ride Lot at Howson and church streets; League of California cities Legislative Bulletins, #27, #28 & #29 - 1994; Santa clara county Advance Planning Info #94-2-A; proclamation Issued by Mayor Gage: San Andreas Regional Center Awareness week; sig sanchez, Retired county District 1 supervisor and former Mayor of Gilroy to be Recognized as a 1994 Portraits of Success Honoree; Mrs. J. Lucas Regarding Rate Increase for Gilroy; Mrs. Rockwell Regarding Sewer Rate Increase; certificate of Appreciation for Jerry Harvey Upon His Retirement; Commendation for Vern A. Gardner Upon His Retirement; Minutes of the Police chief's Advisory Group Meeting of August 3, 1994; Governor Pete Wilson in Appreciation to Mayor Gage for his Support; Colleen Lukoff, Second Harvest Food Bank, Thanking the city of Gilroy for their Financial Support; Larry Orran, Greenbelt Alliance, Regarding Report Entitled "At Risk: The Bay Area Greenbelt"; Arthur L. Anderson, Office of Traffic Safety, Regarding Grant Application; state of california Regarding 1992-93 Fiscal Year single Audit Report certification and Audit Finding Resolution; Joe Browne, Department of Transportation Regarding public Hearings for Alignment of Route 152; ABAG Regarding Pooled Liability Insurance Network (ABAG PLAN); and L. Scott Hobson, Hilton Farnkopf & Hobson, Regarding Their Assistance to the city of Gilroy in Reviewing south valley Disposal & Recycling, Inc.'s Rate Increase Application. The Report of the Planning commission Meeting of August 4, 1994 was noted. 6556 SCRWA 6-26-94 P & R Com. 7-19-94 The Minutes of the south county Regional Wastewater Meeting of June 28, 1994 were noted. The Minutes of the Parks & Recreation Commission Meeting of July 19, 1994 were noted. The Minutes of the Library & culture commission Meeting of August 9, 1994 were noted. city Administrator Baksa noted an update on Water Conservation Program. city Administrator Baksa noted a Planning commissioners workshop, saturday, september 17, 1994, oakland, California and that one Planning commissioner will be attending. council agreed to schedule a study session for review of the community Survey on september 27 or 28, 1994 - 7:00 p.m. whichever date is agreeable with the Consultants. city Administrator Baksa noted upcoming items for Council. council agreed to cancelled regular council Meetings of October 24, 1994 (League conference) and December 27, 1994. city Administrator Baksa noted outside funding for trams- portation capital improvement projects. council requested that the next Public Works Departmental Report review said projects. city Administrator Baksa distributed a Draft Agenda for council review from the chamber of Commerce for the Joint chamber/council study session on September 15, 1994. city Administrator Baksa noted that a staff Report would be distributed to council on september 9th for the council study Session of september 12, 1994 regarding Goals and Objectives. council authorized and approved a request to Join Amicus in Knott v. State of California as recommended. Acting City Attorney Faber withdrew his request to Join Amicus in stewart, et al, v. city and county of San Francisco, et ale The Mayor thanked council for support on the Gilroy community Youth Center project. city Administrator Baksa noted a tour of the Youth Center and old city Hall could be scheduled prior to the september 19, 1994 regular council meeting. councilwoman Rowlison reported on "Healthy Region Consortium" requesting council support and noted that a formal letter is forthcoming for a proposed meeting on October 12, 1994 in San Jose at 7:30 a.m. Motion was made by councilwoman Rogers seconded by council- man Kloecker that the reading of Resolution No. 94-68 be waived and that it be adopted supporting and indicating intent to participate. RESOLUTION NO. 94 - 68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA SUPPORTING THE HEALTHY REGION CONSORTIUM AND INDICATING THE INTENT TO PARTICIPATE IN AN ORIENTATION JOINTLY WITH OTHER CITIES IN SANTA CLARA COUNTY. PASSED AND ADOPTED this 6th day of september, 1994, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, COUNCILMEMBERS: COUNCILMEMBERS: Adjrnmt. -''''' 6557 councilwoman Rowlison noted the state of California oaks Foundation Biennial Meeting scheduled for october 7, 1994 at Hecker Pass-A Family Adventure, noting staff and council are invited to attend. councilman Morales congratulated the Police Department for a successful Hispanic Concert at christmas Hall Park and Gilroy Garlic Festival. councilman Valdez agreed with councilman Morales and commented on extreme professionalism by the mounted Police officers. councilwoman Rogers noted the Visitors' Bureau is preparing for their new budget and recently appointed Kerry Dexter as Director of Tourism. councilwoman Rogers noted the county Planning staff will have their draft General plan available by september 16 prior to the scheduled information meetings. councilman Kloecker noted he would have a Resolution of support for the Library issue and request for council approval at the september 19, 1994 council meeting. He further distributed ABAG proposals for Constitutional Revisions and noted same would be agendized for action at the September 19, 1994 regular meeting and to call him if there are any questions. councilman Kloecker complemented the street Repair Program and noted that it was extremely well coordinated. councilman Kloecker reported on CMA collaborative Planning and that land use authority area will be addressed at the Santa clara county cities Association and ABAG. He further requested the storm Drain Issue be updated and re-agendized for action. councilman Gilroy requested that the Eliot school Issues Qe addressed for council review. councilman Morales requested that council review the proposed paint ordinance regarding graffiti. The Mayor noted the following: Gilroy city council study session, september 12, 1994 - 7:00 p.m., council chambers, City Hall, 7351 Rosanna street, Gilroy,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, re: Issues of Mutual Concern; Leadership Forum, September 15, 1994 - 7:30 a.m. to 9:00 a.m., Gilroy senior Center, 7371 Hanna street, Gilroy; 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 staff Regarding Revisions to the Santa clara County General Plan; and League of California cities 96th Annual conference, Long Beach, october 23-25, 1994. At 11:04 p.m. the Mayor adjourned to a closed session re: conference with Legal counsel - Anticipated Litigation. Signi- ficant exposure to litigation pursuant to subdivision (b), section 54956.9 of the Government code: 1 case involving dispute between South Valley Disposal & Recycling, Inc. and Gilroy Foods, Inc. 6558 At 11:20 p.m. the Mayor reconvened the meeting and further adjourned. Respectfully submitted, A~~st~~etz, City.