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Minutes 1987/01/19 Posting Roll Call ["~67 .J /'\ ,) January 19, 1987 Regular Meeting Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The City Clerk reported that the Agenda had been posted on January 15, 1987 at 10:02 a.m. Present: Councilmembers: Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. (8:03 p.m.) Absent: Councilmembers: Sharon A. Albert and Donald F. Gage. The Mayor reported that Councilmembers Albert and Gage both had the flu. S464 '\.,... . Employee Award Consent Calendar Minutes Imp.Church Street Imp.Dry Creek Village Def.Dev. Agree. Marquez Claim- J.Akino Invest. Policies Imprvmts. Res.87-3 Pacific Mobile Est. The Mayor presented the Employee of the Month Award for December 1986 to Louis Palacios, Engineering Technician III. , Motion was made by Councilman Kloecker seconded by Council- Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Kloecker, Mussallem, Palmerlee, Valdez and Hughan; Absent: Councilmembers: Albert and Gage: Approved the Minutes of the Regular Council Meeting of January 5, 1987; Accepted Improvements at 8352 Church Street as recommended; - Accepted Improvements at Dry Creek Village - Vic LoBue as recommended; ..... Approved a Deferred Development Agreement with Arnold Marquez, 6680 Monterey Street as recommended; Denied a Damage Claim of Joseph Akino III as recommended; Adopted the Annual Investment Policies as recommended; Accepted the following Improvements as recommended: Richa~d Harrison, Second and Church Streets; Wayne Carlson, Ninth and Church Streets; Lincoln Properties, Engle Way; Mike Bertelone, Eighth Street; and Aspen Grove, Eighth Street. Noted recommendation to engage the services of Wulff, Hansen & Company, Management Underwriters on Future Treatment Plant Bond Issues. Motion was made by Councilman Valdez seconded by Councilman Kloecker that the reading of Resolution No. 87-3 be waived and that it be adopted hiring Wulff, Hansen & Company, Management Underwriters on future Sewer Treatment Plant Bond Issues. - ....... RESOLUTION NO. 87 - 3 RESOLUT~ON OF THE COUNCIL OF THE CITY OF GILROY APPOINTING WULFF, HANSEN & CO. AS MANAGING UNDERWRITER. PASSED AND ADOPTED this 19th day of January, 1987, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: KLOECKER, MUSSALLEM, and HUGHAN None ALBERT and GAGE. P ALMERLEE , VALDEZ COUNCILMEMBERS: COUNCILMEMBERS: (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) A Petition from residents in Pacific Mobile Estates for a Rent Control Ordinance was noted. The Mayor asked if there was a spokesman for this petition. Mr. Charles Gilmore, 500 W. 10th St., Sp. #159, President of the Gilroy Mobilehome League, addressed the Council and further explained their request. - - Ms. Eileen Harding, 500 W. 10th St., Sp. #100, addressed the Council further requesting Council to consider a Rent Control Ordinance for Mobilehomes. Mr. Dave Hennessey, Regional Director of Golden State Mobile Homeowners League, addressed the Council further explaining the need for a Rent Control Ordinance. .'""';Jiii!l I - .....""'" - - - Thomas Rd. Uvas Crk. Levee Proj. 5465 Mr. Mark Moore, 575 San Pedro, Morgan Hill, Volunteer Director of Golden State Mobile Homeowners League - Gilroy and Morgan Hill, addressed the Council further explaining the need for a Rent Conrol Ordinance. Mr. Jim Murdock, Property Manager of Pacific Mobile Estates, addressed the Council further explaining what the owners have done in the Pacific Mobile Estates Mobilehome Park and noted his opposition to a Rent Control Ordinance, requesting to solve the concerns and problems with the tenants. Mr. Morrie Jurkowitz, Co-Owner of Pacific Mobile Estates, addressed the Council and noted his opposition to a Rent Control Ordinance. Mr. Marion T. Link, resident of Pacific Mobile Estates, addressed the Council noting that there is no communication between the park owners and the tenants. Mr. John Albaugh, resident of Pacific Mobile Estates, addressed the Council noting that the owners promised maintenance within the Park and it was never completed. Ms. Jorj Tilson, Executive Director of Manufacturing Housing of Educational Trust, addressed the Council and noted that rent control should not be applied to all rent rates; that Pacific Mobile Estates has a unique problem and she offered her assistance in resolving the problem. The Mayor requested that Ms. Tilson submit information pertinent to this matter in writing for Council review at a future meeting. Ms. Katherine Irvine, addressed the Council and noted her opposition to any rent increases. Mr. Charles Gilmore, addressed the Council and noted that some minor maintenance had been done within the park, however the road and fence problems were never resolved. Mr. Morrie Jurkowitz, addressed the Council and noted that the matter is exaggerated and that the truth needs to be separated from the fiction. Discussion was had by Council on the matter. Councilman Kloecker noted the letter received from the Co-Owner and Property Manager noting that they will not increase the rent more than $25 per month and that the increase will not be effective prior to July 1, 1987 and requested 30 days to explore both sides of the issue and legal ramifications of the rent control ordinance and a meeting with the owners to determine what has been done and what they would commit to. Motion was made by Councilman Valdez seconded by Councilman Palmerlee and carried that the issue be reagendized for the February 2, 1987 Regular Council Meeting and invited one spokesman from each side to further speak on the matter. It was clarified that Staff is to present that portion of the Staff Report submitted approximatley two years ago regarding Rent Control pertaining to mobile homes; City Attorney to review and analyze the provisions of the proposed rent control ordinance submitted by the petitioners, and further noted that written presentations are to be presented to the City Clerk by January 28, 1987 at 5:00 p.m. (At 9:48 p.m. the Mayor declared a Recess and reconvened the meeting at 9:54 p.m.) The Mayor continued with the regular order of the Agenda. The Thomas Road/Uvas Creek Levee Project Issue was noted. Planning Director Dorn gave a chronological history of the matter and City Engineer Allen presented the technical proposal recommending approval of six lanes to be provided for on Thomas Road. r 11 6 ./ -":l Lt () N.W.Quad Long-term Sewer Capacity Mr. John Lattyak, 6405 Church Street, addressed the Council and requested Council consider the effect on homes that were not protected by a sound wall and realignment of Thomas Road regarding the ninety degree traffic onto Santa Teresa Boulevard and inquired of the traffic flow of traffic between Tenth Street and Santa Teresa Boulevard Routes and consideration of Cal Trans recommenda- tion. Ms. Kathy Sakai, addressed the Council noting her concern about the environmental hazards to the residents already subject to hazards from traffic on Tenth, Monterey and Princevalle Streets, noting her opposition to six lanes of traffic proposed for Thomas Road. ... Mr. Pete Welton, 7565 Princevalle Street, addressed the Council noting his opposition to six lanes of traffic on Thomas Road. .. Mr. Ted Rimple, 7554 Princevalle Street, addressed the Council, noting the present traffic to Gavilan College and encouraged planning for future traffic whether it be two, four or six lanes on Thomas Road. Mr. David Oakes, 6480 Baron Place, addressed the Council noting that four lanes of traffic would be acceptable; that six lanes on Thomas Road would not be in the best interests. Mr. John Filice, representing the property owners on Thomas Road, addressed the Council requesting a Study Session be set to consider final plan lines out to Santa Teresa Boulevard and to consider formation of an assessment district and that the District should be combined with completing the road as part of that District to take advantage of the cost savings if completed in conjunction with the bridge construction. He noted that the property owners would be agreeable to constructing an additional four lanes out to Santa Teresa Boulevard as part of a proposed assessment district. Mr. Bruce Sweeney, resident near Thomas Road, addressed the Council thanking the City for successfully lobbying for a levee and requested that Council consider and explore the necessity of other bridges and not put all the traffic on Thomas Road. ... .... Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that Staff's recommendation for six lanes to be constructed on Thomas Road to include walkways be supported and approved as recommended. Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried that Staff be directed to explore the assessment district and alignment to Santa Teresa Boulevard proposal. City Administrator Baksa presented revised conditions for the construction of housing units in the northwest quadrant requested by Council at their Study Session on the matter. Motion was made by Councilman Mussallem seconded by Councilman Palmer lee and carried that the revised conditions as presented, dated January 19, 1987, Draft #2 be approved as presented. City Administrator Baksa presented a memorandum dated November 24, 1986 regarding the Long-term Sewer Capacity concerns recommending a moratorium until September 1987. .... The Mayor recommended that the Gilroy Country Club Estates .... Project be exempt from the moratorium and noted letters from Mr. Ted Schaal for the Long-Meadow Project; Mr. Dan Teresi for the project at the southeast corner of Forest Street and Leavesley Road; and Gary Silacci for the Business Park Project. Ms. Gloria Ballard, M & H Engineering, representing Gilroy Country Club Estates, addressed theCouncil requesting that their project be allowed to continue with their efforts to obtain sufficient sewer allocation to construct their project independent of a once a year allocation policy and offered to underwrite the .'''....<1'1I - Brown Act Amendments Mayor Pro tempore !IIll'l"<''''lI - Intro.Ord. Sewer Historic Bldg. - Sachara - ... Personnel Com. Cl167 ,) 1,1' research of the Retrofit Conservation and the implementation of a pilot program if the research is positive. She noted that they request recovery of the 50 sewer connections previously granted by the City and ear-mark same while additional gallonage accumulates either from the vacating of previous allocation or from the Retrofit Conservation Method. Mr. Sig Sanchez, addressed the Council and further explained their request and proposal. The Mayor requested a Staff Report on the Water Conservation Issue. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried approving the moratorium for sewer allocations until September 1987 and agreed to reserve the sewer capacity for 50 units of Gilroy Country Club Estates to review same at the September 1987 allocation and if additional sewer capacity is not gained at that time then the 50 units gallonage would be reassigned and that if additional capacity is available before September through the Retrofit Conservation Program, etc. that the Gilroy County Club Estates could be considered at such time. Councilman Palmer lee voted "no" on the motion. Discussion was had regarding the Retrofit Conservation Program. City Administrator Baksa noted that he would present a recommendation to Council regarding same within a month. The City Attorney's Report on amendments to the Brown Act was noted. Councilman Kloecker inquired of inviting public comment on every item of action. The City Attorney noted that a time must be designated on the agenda for public comment. The Mayor recommended that Councilman Kloecker be appointed Mayor Protempore through Jqne 15, 1987 and that Councilman Mussallem be appointed Mayor Protempore through November 16, 1987. Motion was made by Councilman Valdez seconded by Councilman Palmerlee and carried that Councilman Kloecker be appointed Mayor Protempore through June 15, 1987 and that Councilman Mussallem be appointed Mayor Protempore through November 16, 1987 as recommended. A recommendation to revise the Sewer Ordinance was presented and noted. Motion was made by Councilman Mussallem seconded by Council- man Palmerlee and carried that reading of the proposed ordinance amending Sections 19.96, 19.102(p) and 19.106(h) pertaining to Sewage Treatment be waived and that it be introduced and published by title and summary. A request of E. F. Sachara, was noted requesting permission to demolish a portion of the Historic Creamery Building at 88 Martin Street. Planning Director Dorn noted and further explained the Staff Report. Motion was made by Councilman Mussallem seconded by Council- man Valdez and carried that the recommendation of the Planning Commission be approved to include the amendment to Condition #1 as recommended for the Historic Creamery Building at 88 Martin Street. A letter of Resignation from Harry J. True from the Personnel Commission was noted and accepted. The Mayor noted that two applications from previous appointment would be considered in addition to new applications received by February 10, 1987 at 5:00 p.m. The following informational items were noted: r, L1, 6 c.) ',' I 0 Plan. Com. 1-8-87 JPSA 11-25-86 Lib.& Cult. 12-9-86 Personnel Com. 1-12-87 Property Purchase- Church St. Study Sese Qr.Reports Emerg. Pre_ paredness Cap. Imp. Budget Water Dist. Police Department Employee of the Month of November 1986, Ronald Latham; Planning Staff Approvals dated January 2, 1987; Richard Smithee Requesting a Council Study Session re: Organizations Plans for Save Our Strand Fund Raiser/Old City Hall Lease. City Administrator Baksa noted that it will be approxi- mat ley another month before others interested in the Old City Hall lease will be presenting proposals and tha t Mr. Smithee should present his written proposal to be included with any other proposals at that time; Homebound Senior Program Director Thanking the City for Its Support; .. IIlIII' Proclamations Issued by Mayor Hughan: Children's Dental Health Month-February 1987 and February 11, 1987 "Sugarless Wednesday", American History Month - February 1987 and Women's History Week - March 8-14, 1987; Report of Investments with Maturity Dates Exceeding One Year; W. Robert Morgan, Attorney regarding 24 Hour Card Room Operation; and Gilroy Chamber of Commerce Thanking the City for Assistance in Installation and Removal of the Christmas Decorations. Noted the Report of the Planning Commission Meeting of January 8, 1987. Noted the Minutes of the Joint Powers Sewer Advisory Committee Meeting of November 25, 1986. Noted the Minutes of the Library and Culture Commission Meeting of December 9, 1986. .... Noted the Report of the Personnel Commission Meeting of January 12, 1987. - City Administrator Baksa presented a recommendation to purchase property at 7321 Church Street. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the City be authorized to purchase property at 7321 Church Street as recommended. ' Council set February 10, 1987 at 7:00 p.m. in the Employee's Lounge as a Council Study Session to discuss the Comprehensive Fee Schedule and Five Year General Fund Revenue Projections. City Administrator Baksa distributed the 4th Quarterly Reports. City Administrator Baksa noted a Staff Emergency Prepared- ness Exercise scheduled for January 21st, 22nd and 23, 1987. City Administrator Baksa reminded Council of the January 26, 1987 Study Session on the 1987-1992 Capital Improvement Program at 7:00 p.m. in the Council Chambers. ... The Mayor reported on the Joint Gavilan/Santa Clara Valley Water District Meeting of January 7, 1987 and noted the Santa Clara Valley Water District Projected Pump Taxes. She further noted that Gavilan Water District would be discussing these figures at their January 27, 1987 meeting and suggested that the City Administrator prepare an additional analysis as to how consolidation would economically affect the City and how it would affect other City services. - Adjournment r: It 6/-) ,,') .t', '} ,\ . Mr. Dave Gill, Water Supply Manager of Santa Clara Valley Water District, addressed the Council, further explaining that they do not see any need for ~an Felipe Water for two years and further explained benefits received from the pump tax. The Mayor noted that the City may be required to take an implementation position following a meeting with the two water districts. The Mayor reported on a Pacheco Pass Highway Meeting at Gilroy Foods last week in regard to the new Bypass, etc. The Mayor noted the City Employees active on the Garlic Festival Committees. The Mayor noted the Gilroy Chamber of Commerce Luncheon at the Chamber Office February 2, 1987 and requested Council to give their reservations to the City Clerk. Councilmembers: Valdez, Palmerlee and Mussallem noted that they would like reservations. City Administrator Baksa noted the February 9, 1987 scheduled breakfast with David Jones in regard to the Council Retreat at Ridgemark Golf & Country Club March 7 & 8, 1987. Councilman Kloecker requested that his interview be scheduled at 7:00 a.m. prior to the breakfast. At 11:51 p.m. the Mayor adjourned the meeting. Respectfully submitted, rk