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Minutes 1985/12/16 .,. 5214 Roll Call Intro. New Employees Employee of Month Award Consent Calendar Minutes December 16, 1985 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag and asked for a moment of silence in memory of the soldiers killed in the recent air crash at Gander, Newfoundland. Present: Councilmembers: Sharon Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. The Mayor introduced new city employees, David S. Olds, Hazardous Materials Specialist, and Benjamin Espiritu, Industrial Waste Inspector. The Mayor presented the Employee of the Month Award for Novem- ber 1985 to Martin Quiroz, Computer Operator. On motion of Councilman Gage, seconded by Councilman Kloecker, the following items under the Consent Calendar were approved by Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: A. Minutes of the Regular Council Meeting of December 2, 1985. B. Resolutions adopted by Council, previously adopted by the Industrial Development Authority: Res. #85-83 & 85-84 re: Las Animas Inn -- ..... Mutipiezo- meter Wells Weed Abate. Res. #=85-85 ."..".. ..... Res. #85-86 re: Underground utility Dist. No. 3 5215 RESOLUTION NO. 85-83 A RESOLUTION OF ACCEPTANCE OF APPLICATION OF LAS ANIMAS INN, A CALI- FORNIA LIMITED PARTNERSHIP. PASSED AND ADOPTED this 16th day of December, 1985, by the following vote: ;'\YES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, ~ VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE RESOLUTION NO. 85-84 A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT FOR LAS ANIMAS INN, A CALIFORNIA LIMITED PARTNERSHIP, AND TO ISSUE BONDS THEREFOR. PASSED AND ADOPTED this 16th day of December, 1985, by the following vote: A YES: NOES: ABSENT: COUNCILI:J!EMBERS: ALBERT, GAGE, KLOECK.ER, HUS2,]\I,.,.,EM, PALMERLE:S, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILl-illl'1BE'RS: NONE C. Negative Declaration for !1ultip:i_ezometer T\'~lls Construction Project. D. Adopt.:ed Resolution No. 85-8:; declaring certain weens grovlinq in t~e City to be a public nuisance and setting January 6, 1986, as a-public ~1earing date 1:0 consider objections thereto. RESOLUTIO~ NO. 85-85 WEEDS WEEDS THE RESOLUTION OF THE COUNCIL OF THE CITY.O~ GILROY DF.CTA~ING CERTAIN GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WHICH CONSTITUTE SUCH NUISpBCE N~D P~OVIDING FOR GIVING NOTICE OF ADOPTION OF THE RESOLUTION BY PUBLICATION THE~~O? PASSED AND ADOFTE;) chis 16th day of Decem.'-)er, 1985, by the following vote: AYES: NOES: ABSENT: COUNCII~EMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONF COUNCILMEMBERS: NONE E. Adopted Resolution No. 85-86 establishing underground utility District No.3. RESOLUTION NO. 85-86 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHInG UNDERGROUND UTILITY DISTRICT NO.3. PASSED AND ADOPTED this 16th day of December, 1985, by the followinq vote: ,'WES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKr.R, MUSSALLEM, PALMERLEE, VALDEZ and HOGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Tichinin/Salgdao Mayor Hughan noted. Council has met in Executive Session to re: Duplexes respond to a request by Attorney Bruce Tichinin on behalf of Mr. and Mrs. Refugio Salgado in the matter of Salgado v. Clark and Carlson re: construction of duplexes on Church Street. -- ..... Mayor Hughari stated Council has authorized her to make the following statement: "In our opir:lion, the property line/fence line dispute is not a city matter. Hopefully, this problem can be resolved by the parties themselves. As for the use of the lot for a duplex, as reported by the Director of planning, a duplex is permitted in an R2 Distri~t on an 8,000 s.f. lot, or on any 7,000 s.f. lot which pre-existed the effective date of the new Zoning Ordinance, as is the case here. Any argument that the 7,000 s.f. minimum was meant to apply to single-f~ily units is without merit since: 5216 Bids re: Tree Pruning 1. Minimum lot size for single units is expressly stated to be 4500 square feet. 2. The 7000 square foot minimum for duplexes on pre-existing lots was inserted in the new zoning Ordinance at the request of the Council to encourage infill. 3. Since the enactment of the new Zoning Ordinance, duplexes have consistently been permitted on 7000 square foot R2 lots." Mr. Tichinin addressed the Council and asked City Attorney Jacobs if he had advised the Council in this action. Mr. Jacobs responded, yes. Mr. Tichinin read a statement conveying the Salgado's feelings in this matter and noted they will be filing'a suit shortly. """'Ill ,~~a City Administrator Baksa noted a report and recommendation to award the bid for the City's annual tree pruning project to Arbor Tree Surgery, SalinasCA, in the amount of $19,999.44. Motion was made by Councilman Gage_seconded by Councilman Mussallem and carried that the bid of Arbor Tree Surgery in the amount of $19,999.44 be approved and awarded as recommended for the annual city tree pruning project. Bids re: Handicap city Administrator Baksa noted a,report and recommendqtion Ramp & Alley to award the bid for the Handicap Ramp and Alley Approach Replace- Approach Proj. ment Project to Alex Martinez Concrete Co. in the amount of $5,650.00. Pub. Hear. re: School Impact Fees Pub. Hear. re: Health Dimen- sions, Inc. (GPA 83-4) Councilman Valdez suggested that the list of bidders be re- vised to include new contractors in the area to make sure they are aware of proposed city projects. Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the bid of Alex Martinez Conceret Co., in the amount of $5,650.00, be approved and awarded as recommended. -- The Mayor noted that the School District has requested the Public Hearing to consider School Impaction Fees be continued to the January 20, 1986, Regular Council Meeting. """,.,.". Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that the Public Hearing to consider School Impaction Fees be continued to January 20, 1986, as requested by the School District. The Mayor stated it was the ,time and place scheduled for a Public Hearing to consider a General.Plan Amendment request of Health Dimensions, Inc. from outside. the General' Plan Area to Park/ Public Facility within the 20 Year Planning Area and associated Text Change on property located east of Highway 101, south of Cohansey Avenue, and north of Las Animas Avenue on approximately 38.57 acres (GPA 85-1). City Administrator Baksa entered into the record the follow- ing three letters received concerning the General Plan Amendment request: l) Letter from Anthony J. Trepel; - 2) Letter from Santa Clara Co. Intergovernmental Council; and .;1" 3) Resolution of the Gilroy Chamber of Commerce. Planning Director Dorn explained the Staff Report and noted that on Page 1, the Report refers to a list of unavoidable adverse impacts. This was an error - the list actually refers to the sig- nificant impacts found in the EIR. The planning Director also noted an alternative list of mitigation measures presented by the Mayor which are acceptable to Staff. Planning Director Dorn stated Staff recommends denial of the Land Use change and the 20 year phasing because of conflicts with the existing text of the General Plan. 5217 In reference to the Text Chanqe, Staff recommends adding the following sentence to General Plan Policy VI-2: "Maintaining availability of the highest level of medical/health care for the resident of Gilroy is a priority of the City.~ Staff further recommends that the second sentence of the proposed text change not be incorporated into the General Plan. The Mayor asked for prepared comments from Health Dimensions, Inc. - Mr. Bob Saxe, representing Health Dimensions, Inc., addressed the Council and explained the reasons for the Geqeral Plan Amendment request noting he feels there are three issues of significarice that need to be considered: 1) The..General Plan iss~e; 2) the mitigation measures in terms of the EIR; and 3) the need for-the project and the background of the project. - Mr. Saxe stated they. have no objections to Items 3 through 10 of the list of mitigation measures prepared by the Mayor. However, he asked that Items 1 and 2 be more generalized and that the Hospital be required to contribute its share of the area-wide improvements at the time Council actu~lly conditions the project. Mayor Hughan advised Mr. Saxe of the City's policy in regard to op~ning up new a~eas of development. Councilman Palmer lee expressed concern that the EIR consultant did not adequately address the General Plan as it relates to the project. Councilman Kloecker felt more reference should be made to the long-term development of the Hospital as well as the short-term develop- ment. (At 8:27 p.m., Santa Claus entered the Chambers and distributed candy to the Mayor and Councilmembers and had his picture taken with each of them.) - Ms. Bonnie Simonsen, Chairperson of South Valley Intercommunity Hospital Board, addressed the Council. and spoke in favor of the project and the proposed site. - , , ,. Mr. Bob Kirk, President of Health Dimensions, Inc. and Acting Director for South Valley Intercommunity ~ospital, addressed the Council regarding financing the needed infrastructure. Ms. Simonsen sug~ested the formation of a committee composed of two Councilmembers, two Boara members and,support staff to have an on- going study of the kinds of questions that have been raised tonight. Dr. James Neilson, President of Wheeler Hospital Board, addressed the Council arid presented a background regardinq the decision to expand Wheeler Hospital by building a new facility to serve the health care needs of the comffihnity. Mr. Kirk answered questions posed by Council concerning current rates and occupancy percentages of Wheeler Hospital as compared to other hospitalsin'Santa Clara County. Mr. Mort Walser, Administrator of Wheeler Hospital, explained that Wheeler Hospital cannot expand at its present location because of current seismic standards. - Mr. Sig Sanchez; representing Health Dimensions, Inc., addressed the Council and spoke in favor of the hospital site. - Dr. Francis Sacco, member of South Valley Intercommunity Hospital Board, addressed the Council and spoke in favor of the proposal and further addressed the occupancy rate issue. Dr. Sacco entered into evidence a statement of sllpport for the new hospital signed by 26 members of the Wheeler Ho~pital Medical Staff. - . Mr. John Scherrer, member of Wheeler Hospital Board of Trustees, addressed the Council and further explained the need for the new facility. (At 9:50 p.m., Mayor Huqhan declared a recess and reconvened the meeting at 10:10 p.m.) 5218 Res. #85-87, EIR Certif. Land Use Change Mr. Jose Chapa, CRLA, addressed the Council expressing concern for medical services for the poor and underprivileged. Mr. Richard Smithee, speaking as a private citizens, addressed the Council and expressed concern about some of the issues being discussed here tonight - that the major issue was land use. Mr. Smithee further spoke in favor of the proposed site. The following members of the audience spoke in favor of the proposal: Mr. Albert Valencia; Mr. Antonio Flores; Mr. Frank Valadez, President of the Hispanic Chamber of Commerce; and Dr. John Wang, pediatrician. - The Mayor asked for a show of hands from the audience in support of the proposed site. There was an overwhelming show of hands from the audience. ."'~ The Mayor asked if there was anyone present wishing to speak against the site. Mr. Marion Link, 500 W. Tenth Street, addressed the Council and spoke in opposition of the hospital site. Mr. Link felt the EIR for the project is inadequate. The Mayor asked if there was anyone else in the audience wishing to speak for or against the proposal. Mr. Nunzio Scarcella, Greenwich Drive, addressed the Council and spoke against the proposed site. Mr. Louis Mammimi, resident of San Martin, addressed the Council and spoke in favor of the site. The Mayor asked if there was anyone in the audience wishing to speak further on the proposal. There were no comments from the audience. The Mayor asked for a show of hands from the audience in opposition to the hospital at this site. ...... .". The Mayor asked Staff for a list of the minimum mitigation measures that would be required of any project of this size anywhere in Gilroy for comparison. Motion was made by Councilman Mussallem seconded by Councilman Palmer lee and carried that the Public Hearing be closed. Discussion was had by Council. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 85-87 be waived and that it be adopted certifying the EIR for inclusion of a parcel in the 20-Year Planning Area, including the ten additional ~itigation measures recommended by Staff, and a proposed General Plan Amendment thereon by Health Dimensions, Inc. RESOLUTION NO. 85-87 RESOLUTION OF THE CITY COUNCIL_OF THE CITY OF GILROY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR INCLUSION OF A PARCEL IN THE 20-YEAR PLANNING AREA AND A PROPOSED GENERAL PLAN AMENDMENT THEREON BY HEALTH DIMENSIONS, INC. l'Ig~ PASSED AND ADOPTED this 16th day of DecemberAby the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE ...... :"""ji~. NOES: ABSENT: The Mayor asked for comments from Council regarding the Land Use request to include the additional two adjacent parcels and in- clusion within the 20-Year palnning Area. Council discussion was had on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem that the Land Use request of Health Di~ensions, Inc., including the additional two adjacent parcels and inclusion within the 20-Year Planning Area, be approved. The motion carried by the follow- ing Roll Call Vote: Ayes: Councilmembers: Gage, Mussallem, Palmerlee and Valdez. Noes: Councilmembers: Albert, Kloecker and Hughan. Gen. Plan Text Change GPA 83-4, Filice Family Estates - ... - - GPA 85-2 Gilroy Uni- fied School District - ... M ._.~~_.._~~..~~..~ 5219 Motion was made by Councilman Palmer lee seconded by Councilman Gage that the General Plan Text Change h~ .approved as recommended by adding the follm.1ing seni:ence:".. . Haintaini!lg avai:!.ability of the highest level of medical health care for the residents of Gilroy is a priority of the City." The moi:ion carriecl by the ,following Roll Call Vote: Ayes: Councilmembers:Albert, r;age, Kloecker,Mussallem, Palmerlee, Valdez and Hughan. The Mayor stated it wa~ the time and~place to consider a General Plan Amendment request of Filice Family E~tates from Low Density Resi- dential and park/Public' Facility to Industrial Park on approximately 32.74 acres and the redesignation.of the alignment of Thomas Road on property located northeast of Santa.Teresa Boulevard and southeast of Uvas Creek (GPA 83-4). Planning Director Dorn explained the Staff Report noting it is Staff's recommendation that the matter be referred back to the Planning Commission for further review .because of new information received re- garding street alignments on how this may tie in with the proposed new industrial tract on Santa Teresa as well as where it might line up with Miller Avenue. City Administrator Baksa further explained the alignment issue. He noted, for the record, a letter from Kathy Sakai in opposition to the GPA request. The Mayor asked if there was anyone present wishing to speak on the matter. Mr. Tim Filice, representing the applicants, addressed the Council and asked that the General Glan Amendment request be deferred for another month.. Motion was made by Councilman Gage seconded by Councilman Palmer lee and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the General Plan Amendment request of Filice Family Estates (GPA 83~4) be referred back to the planning Commission for consideration at their first meeting in January and reviewed by Council at their second meeting in January. The Mayor stated it was the time and place to consider a General Plan Amendment request of the Gilroy Unified School District (GPA 85-2) as follows: a) From Low Density Residential to Park/Public Facility (School) on property located north of Mantelli Drive and west of Santa Teresa Boulevard on approximately 14 acres. b) From Low Density Residential to Park/Public Facility (School) on property located south of Day Road and east of Santa Teresa Boulevard, on approximately 55 acres. c) From Rural Residential to a Variable Designation for Park/ Public Facility (School) on property generally located north of Leavesley Road and east of Marcella Avenue for approximately l4 acres. Planning Director Dorn explained the Staff Report noting Staff's recommendations for approval of the three land use changes. A letter from Mr. and Mrs. James Lenihan was noted opposing the site south of Day Road and east of Santa Teresa Boulevard. The Mayor asked if there was anyone in the audience wishing to speak on the matter. "-- Mr. Dave Downing, representing the School District, addressed the Council and further explained the request for the General Plan change. The Mayor asked if there was anyone else wishing to speak on the issue. 5220 GPA 85-3 Raisch Co. GPA 85-5 Robert Tang Mr. Ted Schaal, property owner of 14 acres on Santa Teresa Boulevard, asked direction regarding his plans for the property. He was advised that he may proceed with the development of his property if the School District has. not made a decision to purchase the property at the time he is ready to develop it. Mr. Schaal then stated he has no objections to the school site on Santa Teresa Boulevard. The Mayor asked if there was anyone else in the audience wishing to speak pro or con on the matter. Mr. Hy Miller, representing Mr. and Mrs. Lenihan, addressed the Council and noted the Lenihans object to the Santa Teresa pro- posed school site because they feel it will reduce the marketability of their property. - ,,4 The Mayor asked if there was anyone wishing to make further comments on this issue. There Were no.comments from the audience. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Discussion was had by Council on the matter. . Motion was made by Councilman Gage seconded by councilman Kloecker that the two General Plan Amendment requests (Items a and b, above) be ap~roved and that Item c be denied. The motion carried by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, palmerlee, Valdez and Hughan. The Mayor noted it was the time and place for a Public Hearing to consider a General Plan Amendment request of Raisch Company from General Industrial to Commercial (General Services) on property located east of Chestnut Street, west of U.S. .101 and south of Banes Lane on approximately 20..25 acres (GPA 85-3) . Planning Director Dorn explained the Staff Report and noted Staff recommends approval of the request. - "'-- The Mayor asked if there was. anyone in the audience wishing to speak on the matter. Mr. Walt Hanna, engineer representing Mr. Larry Klamecki, addressed the Council and stated he would answer any questions Council may have. Motion was made by Councilman Mussallem seconded by Councilman Gaqe and carried that the Public Hearinq be .closed. Motion was made by Councilman Mussallem seconded by Councilman Gage that the General Plan Amendment request of Raisch Co. (GPA 85-3) be apprqved. The motion carried by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan. The Mayor stated it was the. time and place for a Public Hearing to consider a General Plan Amendment request of Robert Tang (Serra Motel) from Low Density Residential to Medium Density Residen- tial on property located west of Monterey Highway and north of Farrel Avenue on approximately 7.8 acres (GPA 85-5). - Planning Director Dorn explained the Staff Report and noted Staff's recommendation to deny the request without prejudice, pend- ing the prioritization of a study of medium and hiqh density resi- dential land uses in the area. Staff further recommends that the city initiate a reconsideration of this request folloowing comple- tion of the aforementioned study. <',iiJ The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. ~eary Coats, representing Mr. Tang, addressed the Council and concurred with Staff's recommendations. Mr. Robin MacVicar, representing nearby property owners, addressed the Council and asked about the time frame for reconsidera- tion of the matter. - GPA 85-6 Victor Marquez .... GPA 85-7 city of Gilroy - - Res. #85-88 Approving Gen. Plan Amendments - -- 5221 Motion was made by Councilman Gage seconded by Councilman Mussal- lem and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Gage that the General Plan Amendment request of Robert Tang (Serra Motel) be denied without prejudice as recommended by Staff and the Planning Commission. The motion carried by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, palmerlee, Valdez and Hughan. The Mayor stated it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment request of Victor Marquez from Industrial Park to Visitor Serving COITIlercial, located north of Leavesley Road and easto~ San Ysidro Avenue, on approximately 2 acres (GPA 85-6) . The Mayor asked if there "as anyone present wishing to speak on the matter. Mr. Geary Coats, representing Mr. ~larquez, noted he is available to answer any questions of Council. Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that the General Plan Amenili~ent request of Victor Marquez be continued to March 17, 1986. The Mayor stated it was the time and place scheduled for a Public Hearing to consider a General Plan Amendment initiated by the City of Gilroy to Section III: Natural Environment, to conform with state legislation requiring local jurisdictions to incorporate mineral re- source management policies into their General Plans (GPA 85-7). Mayor Hughanabstained from discussion because of a conflict of interest in the property. Planning Director Dorn explained the Staff Report noting Staff's recommendation to approve the request to conform to State law. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Council discussion was had on the matter. Motion was made by Councilman Mussallem seconded by Councilman Palmerlee that the General P~an Amendment request initiated by the city of Gilroy (GPA 85-7) be approved. The motion carried by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee and Valdez. Noes,: Councilmembers: None. Absent: Councilmernber: Huqhan. Motion was made by Councilman Mussallem seconded by Councilman Palmerlee that the reading 9f Resolution No. 85-88 be waived and that it be adopted approving the. amendments to the General plan for the City of Gilroy as acted upon toniqht. RESOLUTION NO. 85-88 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AMENDMENTS TO THE GENERAL PLAN FOR THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of Decemher, 1985, hy the following vote: AYES: NOES: ABSENT: COUNC ILMEMBERS: .ALBERT, GAGE, KLOECKF.R, MUSSALLEM, PALMERLEE, VALDF.Z and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE Res. #85-99 re: Motion was made by Councilman HussC1.11em secoEded by Councilman Overriding Con-Gage that the reading of Resolution No: 85-89 be v7aived and that it be siderations- adopted approving the statement of Overriding Considerations to justify Hosp. Site inclusion of a parcel in the 7.0-Year Planning Area and a proposed General Plan Amendment thereon by Health Dimensions, Inc. RESOLUTION NO. 85-89 PESOLUTION OF 'l'HE CITY COUNCIL OF TEE CrrrY OF GILROY FIHDING OVERRIDING CONSIDERATIONS TO ,JUSTIFY IKCLUSION OF A PARCEL IlJ THE 20-YEAR PLANNING AREA AND A PROPOSED GENERAL PLAN AMENDMENT THEREON BY HEALTH DIMENSIONS, INC. 5222 Pub.Hear. re: TM Request- L. Martin Res. #85-90 Commission Appointments PASSED vote: AYES: NOES: ABSENT: AND ADOPTED this 16th day of December, 1985, by the following COUNCILMEMBERS: GAGE, MUSSALLEM, PALMERLEE and VALDEZ COUNCILMEMBERS: ALBERT, KLOECKER and HUGHAN. COUNCILMEMBERS: NONE The Mayor noted it was the time and place scheduled for a Public Hearing to consider a Tentative Map request of Lloyd Martin for a residential condominium subdivision of 33 lots on property located on the east side of Kern Avenue, 100 feet north of Ramona Way, on approximately 5.89 acres. - Planning Director Dorn explained the Staff Report and noted Staff's recommendation to approve the Tentative Map request with the 22 conditions as noted in the Report. -..- The Mayor asked if there was anyone wishing to speak on the matter. Mr. Bill Henry, engineer, addressed the Council and explained the modifications that have been made. The Mayor asked if there was anyone else wishing to speak on the matter. ~J Mr. Bob Irving, 837 Ramona Way, addressed the Council and expressed concern regarding the appearance of the project and asked that more consideration be given to streets, landscaping, etc. The Mayor asked if there was anyone further wishing to ad- dress the Council. Mr. Lloyd Martin, 1401 Colombet Avenue, San Martin, and applicant, addressed the Council noting he has given Mr. Irving a copy of the development map. - City Administrator Baksa asked if it would be possible to give a copy of the design map to Mr. Irving when it is available. Mr. Martin stated he would do so. ~,.-. Mr. Irving again addressed the Council regarding the width of the road. The Mayor asked if there were any more comments from the audience. Motion was made by Councilman palmerlee seconded by Council- man Mussallem and carried that the Public Hearing be closed. Dis- cussion was had by Council. Motion was made by Councilman Palmerlee seconded by Councilman Mussallem that the reading of Resolution No. 85-90 be waived and that it be adopted approving the Tentative Map request of Lloyd Martin for 33 residential lots on the east side of Kern Avenue, north of Ramona Way. RESOLUTION NO. 85-90 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 33 RESIDENTIAL LOTS ON 5.1 ACRES, MORE OR LESS, ON THE EAST SIDE OF KERN AVENUE, NORTH OF RAMONA WAY. PASSED AND ADOPTED this 16th day of December, 1985, by the following vote: AYES: - ~ COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN NONE NONE MUSSALLEM, PALMERLEE, The Mayor diverted from the agenda to accommodate members of the audience and recommended the following appointments to City Boards and Commissions: Library & Culture Commission - Sue Pate, Debbie Nelson; Parks and Recreation Commission - patricia Bentson, Bill McIntosh; Building Board of Appeals - Gilbert Love; Personnel Commission - Harry True, Patricia Golden; City Historian - Mary Pub.Hear. re: Sammut Bros. & So.Valley Dev. Rezoning -- .... Hearing Appeal- R. Mann - .... Res. #85-91 - - Sewer capacity Transfer-Glen Lorna Corp. 5223 Prien. The Mayor noted appointments to the Historic Heritage Committee have been postponed to February 1986. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the appointments made by Mayor Hughan be approved. The Mayor stated it was the time and place scheduled for a Public Hearing to consider a rezoning request of Sammut Bros. and South Valley Development Corporation (Richard SMithee) from CM (Commercial Industrial) District to C3 (Shopping Center Commercial) District on property located at the northwest corner of Leavesley Road and Murray Avenue, on approximately 1.33 acres. Planning Director Dorn explained the Staff R~port and noted Staff's recommendation to approve the request. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Richard Smithee, President of South Valley Development Cor- poration, stated he is here to answer any questions Council might have. Motion was made bv Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded. by Councilman Kloecker and carried that the reading of the proposed ordinance granting the rezoning request of Sammut Bros. and South 'Talley Development be waived and that it be published by title and summary. The Mayor noted it was appeal on the decision of the metal building proposed to be of Rossi Lane and Hayock Road the tiMe and place for a hearing of an Planning Commission re: approval of a erected at the immediate northwest corner (Robert Mann Project) . City Administrator Baksa ~oted that Staff and Mr. Mann have met and were able to work out the problems by including four conditions recommended by Staff. Motion was made by Councilman Gage seconded by Councilman Palmer lee that the reading of Resolution No. 85-81 be waived and that it be adopted modifying and affirming on appeal the action of the Planninq commission for a metal building to be erected at the northwest corner of Rossi Lane and Mayock Road. RESOLUTION NO. 85-91 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY MODIFYING AND AFFIRMING ON APPEAL THE ACTION OF THE.PLANNING COMMISSION GRANTING ARCHITECTURAL AND SITE APPROVAL FOR A BUILDING AT THE NORTHVlEST CORNER OF ROSSI LAND AND MAYOCK ROAD. PASSED AND ADOPTED this 16th day of December, 1985, by the following vote: AYES: NOES: 1'.BSENT: COUNCILMEMBERS: AL~EET, GAGE, KLOECKER, MUSSA.LLEH, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS:NONE CODNCILMEMBERS: NONE City Administrator Baksa noted a request of Glen-Lorna Corporation for a transfer of 3500 gallons per day of sewage treatment capacity from the reserve for the Sarita Teresa Technology Park t<b the planned office project on Wren Avenue at Monte Bello Drive. Mr. Timothy Filice, representing Glen Lorna Corporation, addressed the Council and further explained the request. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the request of Glen Lorna Corp. for a transfer of 3500 gallons per day sewage treatment capacity from the Santa Teresa Technology Park reserve to the planned office project on Wren Avenue be approved. 5224 TM Extension- T.Schaal Martin Luther King Jr.' s HOliday Jt. Sewer Adv. Committee Pers. Com. 12/9/85 Computer Syst. Contract Lease/Purchase Agreement The Mayor diverted from the agenda to consider the request of Mr. Ted Schaal for extension of two Tentative Map applications for the Longmeadow project north of Mantelli Drive and west of Santa Teresa Boulevard. Planning Director Dorn noted that it is Staff's recommenda- tion not to extend the Tentative Maps, but if they are approved, to include the 10 conditions recommended by Staff. Mr. Ted Schaal, property owner, addressed the Council and requested postponement of his requ~st. Motion was made by Councilman Mussallem seconded by Council- man Gage and carried that the Tentative Map extensions of Mr. Schaal be postponed for one month. - .... City Administrator Baksa noted a request of Gilroy Chapter, Local 101, AFSCME, to declare Martin Luther King, Jr.'s birthday a city holiday. He noted that, basically, there are three options for Council to consider: 1) Grant the request and accept the addi- tional costs involved; 2) Offer the trade of Lincoln's Birthday for Martin Luther King,.Jr.'s Birthday; or 3) Deny the request at this time and bring up the matter at next year's Meet and Confer Sessions. Motion was made by Councilman Palmerlee seconded by Council- man Kloecker and carried that Option No. 2 be approved offering the trade of Lincoln's Birthday for Martin Luther King, Jr. 's Birthday, and if this is not acceptable to the.Union, then the matter will be discussed during Meet and Confer Sessions in the Spring. The following informational items were noted with no.dis- cussion by Council on same:. Planning Staff Actions, dated November 26, 1985; ..... Proclamation issued by Mayor Hughan - Bill of Rights Week, December 9-15, 1985; fuij<. Monthly Report of Investments exceeding 12 months maturity; and A letter from Congressman Zschau re: Highway Funds. The Minutes of the Joint Powers Sewer Advisory Committee Meetings of October 22, November 12, and November 26, 1985, were noted. The Report of the Personnel Commission Meeting of December 9, 1985, was noted. City Administrator Baksa gave a background report on the negotiations for the contracts for Command Data Systems and Sperry Corporation computer systems. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the contract with Command Data Systems for the pUblic safety computer system be approved in the amount of $218,000.00. ..... Mqtion was made by Councilman Gilge seconded by Councilm,an Kloecker and carried that th~ contract with Sperry Corporation and the new configuration for additional equipment for the general city-side computer system be approved in the amount of $568,000.00. ~". Director of Finance Reinsch reported he has reviewed the possibility of a lease purchase agreement to finance the purchase of the two computer systems ($830,000), two fire engines ($300,000), and the water test well system ($470,000); and requested Council approval to enter into an agreement with United States Leasing Corporation at 7.9048% interest for the lease purchase of the above equipment. Budget Amendment Sewer Allo- cations Adjournment " C?2. r: ~)-- .. ,) Motion was made by Counc~lnian Gage secono.ed by Coimcilman Mussallem and carried that the City enter into a lease purchase agree- ment with United States Leasing corporation at 7.9049% interest for a term of five years to acco~rooQate the purchase of the two computer systems, two fire engines an(2 the water test well systeI:\, and that the Director of Finance be authori~~ed to sign the agreement on behalf of the City. Director of Finance Reinsch requested approval of an amendment to the 1985-86 Budget to accommodate the increased and adjusted costs for O.M.I. and to fund the sewer pretreatment program in the amount of $343,l08.00. Mr. Reinsch noted this figure does not include the Water Production Account in the amount of $271,083.00 for the test well system which will be paid for through the lease purchase agreement. Motion was made by Councilman Gaqe seconded by Councilman Kloecker and carried that.the amendmen.t to the 1985-86 Budget in the amount of $343,108.00 be approved as reconmended. City Administrator Baksa distributed to Council an updated list of the sewer capacity allocations. CouncilI'lan Gage vlished everyone a ~erry Crristmas and a Happy Nevl Year. At 2:00 a.m., December 17, 1985, the Mayor adjourned the meeting. Respectfully submitted, ~) -, ~,/A .. /). /j ':Jf /i~ ~ ~ { ~/. C' ,(9-~~, u.--/ Deputy City Clerk t7