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Minutes 1995/05/15 665L1 Invocation posting Agenda Roll call Intro. Consent calendar Minutes Budget Minutes Maint.Dist #1 Res.95-33 Regular Meeting May 15, 1995 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. Pastor David Gish, Grace Evangelical Free Church gave the Invocation. The city Clerk noted that the Agenda had been posted on May 11, 1995 at 8:37 a.m. Present: Councilmembers: K. A. Mike Gilroy, Paul v. Kloecker, Charles S. Morales, Connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage. - 7:00 p.m. The Mayor introduced New Employees: Rosa Rodriguez and Julius (Hank) Snow, Jr., Police officers. Motion was made by Councilman Gilroy, seconded by council- woman Rowlison that the following items under the Consent calendar be approved removing Item "E" re: Annual Assessments for Maintenance District #1 and correcting Minutes of the May 1, 1995 Regular Council Meeting noting councilman Morales attended the Governor's Preservation Award Ceremonies and not Mayor Gage as noted by the following Roll Call Vote: Ayes: Councilmembers: K. A. Mike Gilroy, Paul v. Kloecker, Charles S. Morales, connie Rogers, Suellen C. Rowlison, Pete valdez, Jr. and Donald F. Gage; Minutes of the Regular Council Council Meeting of April 17, 1995; Approved Budget Amendments/Transfers as recommended; Minutes of the Regular council Meeting of April 24, 1995 and Minutes of the Regular Council Meeting of May 1, 1995 as corrected. Discussed the Engineer'S Report for the Annual Assessments for Maintenance District #1 correcting the Table on Page 2. Motion was made by Councilman Kloecker seconded by Councilwoman Rowlison that the reading of Resolution No. 95-33 be waived and that it be adopted approving Engineer'S Report and " Bids re: Uvas Pk.Crk Sr.Restroom project Sidewlk Repair Pub.Hear. Maint. Dist. iI-The Forest Res.94-34 6655 setting June 5, 1995 as a Public Hearing for the Annual Assessments for Maintenance District #1. RESOLUTION NO. 95 - 33 RESOLUTION OF INTENTION TO ADOPT ENGINEER'S REPORT FOR THE FISCAL YEAR 1995-96 AND LEVY AND COLLECT ANNUAL BENEFIT ASSESSMENTS WITHIN MAINTENANCE DISTRICT NO.1, CITY OF GILROY. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, city Administrator Baksa presented and explained a recommen- dation to award the bid of Coastal paving, Inc. in the amount of $33,552.00 for the Uvas Creek Levee Pathway sealcoating and Golf Course Cart Path Asphalt surfacing. Motion was made by Councilman Kloecker seconded by council- man valdez and carried that the bid of coastal paving, Inc. in the amount of $33,552.00 be awarded for the Uvas creek Levee Pathway Sealcoating and Golf Course Cart Path Asphalt surfacing as recommended. city Administrator Baksa presented and explained a recom- mendation to award the bid of Gary Thompson Construction in the amount of $55,987.00 for the Senior Center restroom remodel project. Motion was made by Councilman Morales seconded by council- woman Rogers and carried that the bid of Gary Thompson construc- tion in the amount of $55,987.00 be awarded for the Senior center restroom remodel project as recommended. city Administrator Baksa presented a recommendation to award the bid of progressive Concrete in the amount of $119,088.00 for the Sidewalk Repair Program. Motion was made by councilman Kloecker seconded by council- man Valdez and carried that the bid of progressive Concrete in the amount of $119,088.00 be awarded for the Sidewalk Repair program as recommended. The Mayor stated that it was the time and place scheduled for the Public Hearing to Determine Public Interest, Convenience and Necessity to Require Annexation of The Forest Development to Maintenance District #1. Director of Public Works Allen further explained the proposed annexation of The Forest Development to Maintenance District #1. 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 Kloecker seconded by counci- man Morales that the reading of Resolution No. 94-34 be waived and that it be adopted. RESOLUTION NO. 94 - 34 RESOLUTION OVERRULING PROTESTS AND ORDERING THE ANNEXATION OF TERRITORY TO MAINTENANCE DISTRICT NO. 1 - ANNEXATION NO. 1995-1. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, 6656 Pub.Hear. TM 95-01 Pub.Hear. Z 95-02 The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a Tentative Map request to subdivide parcels totalling approximately 12.45 acres into a 70 lot residential subdivision comprised of 46 single family detached homes on Medium-Density acreage, 20 single family detached homes on Low-Density acreage, and three common area lots, together with one remainder lot of approximately 1.5 acres on property located on the west side of Kern Avenue, adjacent to the future extension of Mantelli Drive, south county Housing, Applicant, TM 95-01. The staff Report was noted and further explained by planner Durkin. Discussion was had regarding Kelton Drive and related street patterns further explained by Director of Public works Allen. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. The following members of the audience addressed the council in favor of the proposal including the street pattern proposed: Don Culver, 8539 Kelton Drive; Marie Juncker, Executive Director of South county Housing further explained the proposed plan and numerous meetings with residents and staff recommending the plan as presented; Megan Byers, Rod Kelly student; shanna Byers, 947 Howard Avenue. Discussion was had by council in regard to additional information of the adjacent streets and the entire circulation pattern. Motion was made by councilman Kloecker seconded by councilman Valdez and not carried by the following Roll call Vote: to continue the matter to the May 22, 1995 regular meeting in order for staff to provide better mapping of the area. Ayes: Councilmembers: Kloecker, Rogers and valdez; Noes: councilmembers: Gilroy, Morales, Rowlison and Gage. Motion was made by Councilwoman Rowlison seconded by councilman Morales by the following Roll Call Vote that staff be directed to prepare a Resolution approving TM 95-01 as presented Ayes: councilmembers: Gilroy, Morales, Rowlison and Gage; Noes: councilmembers: Kloecker Rogers and Valdez. city Administrator Baksa noted that a map of the entire area and adjacent street patterns would be presented to council when the Resolution approving TM 95-01 is agendized. council directed staff to notify charleen and Bill Arnberg that their letter was received and on file requesting compensation if TM 95-01 was approved. The Mayor stated that it was the time and place scheduled to consider a zoning ordinance Text Amendment to amend the zoning ordinance, specifically affecting the following sections: section 50.60 Residential Development; section 50.62 Application of ordinance; section 50.66 competitive Evaluation and Assignment of Build-out Schedules; and section 50.67 Applicant's Agreement to Permit; and portion of the Residential Development Rating Scale Revision, city of Gilroy, Applicant, Z 95-02. The staff Report was noted and further explained by planning Director Dorn. Motion was made by councilman Kloecker seconded by council- man Valdez by the following Roll Call vote approving amendment to section 50.62 Residential Development with minor changes was noted by the city Attorney: Ayes: Councilmembers: Kloecker, Morales, Rogers, Rowlison, Valdez and Gage; Noes: Councilmember: Gilroy. l pub.Hear. cardroom Permit Pub.Hear. Peterson Property 6 65 6 - A Motion was made by councilwoman Rogers seconded by council- man Kloecker by the following vote, to approve amendment to section 50.66 re: competitive Evaluation and Assignment of Build- out schedules as recommended: Ayes: councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. Motion was made by councilman Kloecker seconded by council- man Valdez by the following Roll call Vote approving denial of proposed section 50.67 Applicant's Agreement to Permit: Ayes: councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. Motion was made by councilman Kloecker seconded by councilman Valdez by the following Roll call Vote: to approve amendment to section 50.67 Applicant's Agreement to Perform to include the city Attorney's comments as presented: Ayes: Councilmembers: Gilroy, Kloecker, morales, Rogers, Rowlison, Valdez and Gage. At 9:05 p.m. the Mayor declared a Recess and reconvened the meeting at 9:11 p.m. The Mayor opened the public Hearing and asked if there was anyone in the audience wishing to speak on the proposed changes to the Rating Scale and/or zoning ordinance text amendments. Mr. Tim Filice, representing the Glen Lorna Group, addressed the council in regard to the effect the Rating scale changes would have on the Master plan of the larger projects. 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. Motion was made by councilman Kloecker seconded by councilman Morales by the following Roll call vote to approve proposed amendments #1, #3 and #4 of the Rating scale and deny #2 as recommended: Ayes: councilmembers: Kloecker, Morales, Rogers, Rowlison, valdez and Gage; Noes: councilmember: Gilroy. Motion was made by councilman Kloecker seconded by council- man Morales by the following Roll call Vote directing staff to prepare the necessary documents (ordinance and resolution) approving Z 95-02 as discussed: Ayes: councilmembers: Kloecker, Morales, Rogers, Rowlison, Valdez and Gage; Noes: Councilmember: Gilroy. The Mayor noted the public Hearing scheduled to consider an application for a cardroom Permit at old Gilroy square casino, 40 Hornlein Court, Gilroy, John D'Ambrosio, Applicant has been requested by the applicant that the application be withdrawn and public hearing cancelled. 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 and the Mayor cancelled the Public Hearing. The Mayor stated that it was the time and place scheduled to consider the Declaration of a Public Nuisance, and to consider the violation and Abatement of vehicles, or Parts thereof, which are abandoned, wrecked, dismantled or inoperative, .pursuant to Gilroy Municipal code sections 15.11 through 15.122 on Property located at 8585, 8595 and 8605 Murray Avenue. The staff Report was noted and further explained by planner Durkin including a video tape of the condition of toe property and violations thereof. The following city Inspectors of the property addressed the council and noted violations thereof: Don Hartley, Traffic & Patrol services Technician; Loida osoteo, chemical control specialist; Art Amaro, Fire captain; and David chantler, senior Building Inspector. Res.95-35 6G57 Planner Durkin recommended that council declare said properties as a public nuisance and that staff be directed to complete the abatement. The Mayor opened the Public Hearing and asked if there was anyone in the audience wishing to speak on the matter. Mr. Ray Peterson addressed the Council and noted events that occurred on his property regarding his business operation since 1985, requesting that he be allowed to continue his business removing 15 vehicles per months, noting that in ten months he could remove 200 vehicles; that 150 vehicles are collectibles that he intends to restore. He requested a copy of the transcript of the trial that he had with the Planning staff and has to date not received. He filed documents with the city clerk requesting that they be duplicated. Ms. Ruth compton, 8595 Murray Avenue, addressed the trash issue on the property and noted that the Garbage company will not pick-up the trash. she noted that numerous vehicles have been removed from the property. She noted that they have requested a permit to repair the residence on the property but have been denied a permit. Mr. John williams, friend of Mr. Peterson, noted that a business license is needed in order to abate the problem. Mr. Peterson noted that a temporary business license could be issued with certain guidelines and if there is not substantial progress the license could be revoked. Mrs. K. Jean Blake, 8665 Murray Avenue, thanked the city Task Force for all of the inspections, time and effort to abate the nuisance on Mr. Peterson's property. Ms. Sally French addressed the Council on behalf of Hope Rehabilitation center, 8855 Murray Avenue, and read a letter from Jim Purcell, President and CEO, urging abatement of the nuisance on the Peterson property. Hearing no further comment from anyone in the audience, the Mayor closed the Public Hearing. The city Attorney and Mr. Jeff stone, Prosecutor's attorney explained the zoning issue, specifically that a business operation of a junk yard is not allowed at the Vlaho/Peterson property. planner Durkin noted all of the required notices were posted upon the property and all required notices were mailed. It was noted that Mr. Vlahos filed an eviction notice two years ago and is in the process again. It was noted that Mr. Vlahos says that he is the owner of the property and Mr. Peterson claims that the deed is in his name. Motion was made by councilwoman Rogers seconded by councilman Kloecker that the reading of Resolution No. 95-35 be waived and that it be adopted declaring the nuisance and ordering abatement of the vehicles and nuisance violations. RESOLUTION NO. 95 - 35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING THE DECLARATION OF A PUBLIC NUISANCE AND VEHICLE ABATEMENT FOR PROPERTIES LOCATED AT 8585, 8595 AND 8605 MURRAY AVENUE, GILROY. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, The city Attorney noted that the City would seek a court warrant to abate the nuisance. 6658 welburn Ave. widening Res.95-36 Res.95-37 Res.95-38 Res.95-39 A recommendation to undertake eminent domain proceedings on properties for the purpose of Welburn Avenue widening project was noted and further explained by Director of Public works Allen. Dis9ussion was had by council on the matter. The city Attorney recommended that the city undertake eminent domain proceedings on the subject properties in order to move forward with the project. The Mayor asked if there were any of the property owners in the audience. There was no comment from anyone in the audience. It was noted that all property owners were notified of these proceedings as required by law, but did not present any evidence or testimony. Motion was made by councilman Kloecker seconded by council- woman Rowlison that the reading of Resolution No. 95-36 be waived and that it be adopted for APN 790-36-028. RESOLUTION NO. 95 - 36 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 AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 790-36-028 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Kloecker seconded by Council- woman Rowlison that the reading of Resolution No. 95-37 be waived and that it be adopted for APN 790-36-032. RESOLUTION NO. 95 - 37 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 AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 790-27-032 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by Councilman Kloecker seconded by council- woman Rowlison that the reading of Resolution No. 95-38 be waived and that it be adopted for APN 790-36-005. RESOLUTION NO. 95 - 38 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 AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 790-36-005 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROGERS, ROWLISON, VALDEZ and GAGE COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Motion was made by Councilman Kloecker seconded by Council- woman Rowlison that the reading of Resolution No. 95-39 be waived and that it be adopted for APN 790-36-014. Res.95-40 Ord.95-8 S.c.Jt.plan Adv.com. GG5~ RESOLUTION NO. 95 - 39 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 AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 790-36-014 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Motion was made by councilman Kloecker seconded by Council- woman Rowlison that the reading of Resolution No. 95-36 be waived and that it be adopted for APN 790-36-006. RESOLUTION NO. 95 - 40 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 AND CONSTRUCTION EASEMENT IN PROPERTY IDENTIFIED BY APN 790-36-006 AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS. PASSED AND ADOPTED this 15th day of May, 1995, by the following vote: AYES: COUNCILMEMBERS: GILROY, KLOECKER, MORALES, ROWLISON, VALDEZ and GAGE None None ROGERS, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Tom springer, 7300 orchard Drive, addressed the council and noted that the Referendum Petition in opposition to Ordinance No. 95-8 re: storm Drain Enterprise was filed with the city Clerk and that same contained 2,785 signatures for verification. Mr. Miguel Paredes addressed the council recommending the signatures on the referendum petition be verified by random method rather than each individual signature because of the cost to the city. A letter from John E. Pate was noted resigning as the city'S representative on the South County Joint Planning Advisory Committee. The Mayor invited contact the city Clerk. prepared for Mr. Pate. anyone interested in the appointment to Council requested that a Certificate be The following informational items were noted with no separate discussion on same except as noted: Customer Service: police chief's Inter-office Memorandum of Appreciation to Sgt. Smithee; Monier Roof Tile In Appreciation of Planning/Bldg.,Life & Environmental safety Department staffs; Gilroy Garlic Festival complementing city Administrator Baksa; Parks & Recreation Inter-Office Memo In Appreciation of staff re: wheeler community Center Tot Lot; Building, Life & Environmental Safety Inter-Office Memo In Appreciation; 6GGO citizens' Adv.Com. Plan.com. 5-4-95 A/S 95-12 A/S 95-03 Proclamations Issued by Mayor Gage: A Day of Prayer - May 4, 1995; character Counts! week - october 15-21, 1995; Fine Arts Month - May 15, 1995 to June 15, 1995; Girl Scouts community partnership Award; city's Response to Legislatures re: Proposed Legislative Bills; Senator Mello re: Governor's Historical Preservation Award; Minutes of the Santa clara county Library District Joint Powers Authority Meeting of April 20, 1995; The League of Women Voters urging Financial support for the Santa clara county Hazardous Materials Advisory Committee (HMAC); councilman Kloecker inquired and the city Administrator verified that same would be discussed during the budget study sessions; Police Department Employee of the Month of February, 1995, officer Marfia; Assemblyman Frusetta In Response to City'S position on SB 623; california constitution Revision commission, Community Forums, Spring 1995 and May 1995 Issue; Councilman Kloecker noted that this publication is a particularly good analysis and synopsis of the issue; League of california Legislative Bulletins #16 and #17 - 1995; supervisor Gonzales Requesting Financial support and Extension of MOU's for Santa clara county Hazardous Materials Advisory committee (HMAC); State Department of Finance 1995 population Estimate; Gilroy Hot springs Authorized as state Landmark and on Federal Register; and city'S Response to Santa clara county cities Association re: AB 1340. The Minutes of the citizens' Advisory Committee Meeting of March 30, 1995 were noted. The Report of the Planning commission Meeting of May 4, 1995 was noted. A recommendation was noted on A/S 95-12 Design Review for a PUD on an approximately 12.45 acre site zoned R1/R3-PUD to allow the construction of 66 single family detached units on property located on the west side of Kern Avenue, adjacent to the future extension of Mantelli Drive, south county Housing, Applicant. The staff Report was noted and further explained by planner Durkin. Motion was made by councilman Kloecker seconded by council- man Valdez that staff be directed to prepare a Resolution approving A/S 95-12 as recommended by the following Roll Call Vote: Ayes: Councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. A recommendation was noted on A/S 95-03 Design Review for a PUD on approximately 33 acre site zoned R1-PUD to allow the construction of 131 single family units on property located west of Santa Teresa Boulevard, north of Longmeadow Drive, Arcadia Development Co., Applicant. Housing Task Force Adjrnmt. GG.6! L The staff Report was noted and further explained by planner Durkin. Motion was made by Councilman Kloecker seconded by council- man Valdez that staff be directed to prepare a Resolution approving A/S 95-03 as recommended by the following Roll Call Vote: Ayes: councilmembers: Gilroy, Kloecker, Morales, Rogers, Rowlison, Valdez and Gage. A recommendation to reschedule Joint council/Planning commission study session was noted. council requested said meeting not be rescheduled until september or October 1995 because of the previous scheduled study sessions of the council. The Minutes of the Housing Element Implementation Task Force Meeting of April 12, 1995 were noted. city Administrator Baksa noted an update on Water Conservation Program. city Administrator Baksa presented and distributed the 1995- 2000 Financial plan and requested council call him if there are any questions. city Administrator Baksa noted the May 23 and 25, 1995 study sessions on the proposed Budget; time to be determined. city Administrator Baksa distributed a report of Ratio of ABC Licenses to the city'S population to councilmembers. The Mayor noted Benefit Fund Raiser Dance at Christopher Ranch for Jim Dowell. councilwoman Rowlison noted an Arts Concert at Gavilan College May 20 at 8:30/2:00 p.m. councilman Gilroy noted students from France will be in Gilroy July 31 to August 23, 1995 and need host families and to contact him if anyone is interested. councilman Kloecker noted that he had no recommendation to consider requesting the Registrar of Voters conduct verification of each signature on the Proposed Referendum Petition. He further explained that he had requested this issue be agendized prior to receipt of the referendum petitions in the event action needed to be taken at this meeting. councilman Gilroy noted the American Legion/VFW Law and Order Dinner May 16, 1995 at 7:30 p.m. The Mayor noted the following meetings/events: Gilroy city council study sessions May 23 and 25, 1995, time and location to be determined re: 1995-1996 city Budget; Joint Gilroy/Hollister/Morgan Hill/san Juan Bautista city council study session, May 24, 1995 - 7:30 p.m., Gilroy city Hall council chambers, 7351 Rosanna street, Gilroy, CA 95020 re: Cable TV Refranchising orientation; and Grand opening - Arturo ochoa Migrant Housing center, June 10, 1995 - 11:00 a.m., 915 Arizona circle, CA 95020. At 11:43 p.m. the Mayor adjourned the meeting. Respectfully submitted,