Minutes 1987/09/08
5550
Posting
Agenda
Roll Call
Employee of
Mo. Award
Consent
Calendar
Minutes
Solicitor's
Permit
Ord. 1187-15
A. Fortino
Prezoning
Regular Meeting
September 8, 1987
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Deputy City Clerk reported that the Agenda had been
posted on September 3, 1987, at 9:35 a.m.
Present: Councilmembers: Sharon A. Albert, Paul V.
Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr.
and Roberta H. Hughan. Absent: Councilmember: Donald F. Gage.
The Mayor presented Employee of the Month Awards to Gloria
Mullings, Purchasing Agent, for July and Clay Bentson, Firefighter,
for August.
Motion was made by Councilman Kloecker seconded by Council-
man Mussallem that the following items under the Consent Calendar
be approved by the following Roll Call Vote: Ayes: Councilmembers:
Albert, Kloecker, Mussallem, Palmerlee, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of
August 17, 1987;
Approved waiver of the municipal solicitor's license fee for
the 1987-88 March of Dimes Campaign;
Adopted Ordinance No. 87-15 prezoning property located be-
tween Mesa Road and Santa Teresa Boulevard, east of the existing
Mesa Ranch Subdivision, to R1 (Single Family Residential) District,
Albert Fortino, applicant.
ORDINANCE NO. 87-15
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY PREZONING APPROXIMATELY 7.7 ACRES ADJOINING THE CITY
OF GILROY LOCATED BETWEEN MESA ROAD AND SANTA TERESA BOULEVARD,
EAST OF THE EXISTING MESA RANCH SUBDIVISION AS R1 (SINGLE FAMILY
RESIDENTIAL) DISTRICT.
Mortg. Credit
Cert. Prog.
"...
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Claim
L. Munowitch
Claim - Kuo
Hsuan Chang
Claim - Hui-
Kuang Tsai
Claim - R. E.
Haworth
Res .1187-63
Open Space
Preserve
5551
PASSED AND ADOPTED this 8th day of September, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NONE
GAGE;
PALMERLEE,
Approved the Cooperative Agreement for County administration
of City's funds in Mortgage Credit Certificate Program;
Denied a damage claim of Leana Munowitch;
Denied a claim of Kuo Hsuan Chang;
Denied a claim of Hui Kuang Tsai;
Denied a claim of Richard Evan Haworth;
Adopted Resolution No. 87-63 in support of the program and
recommendations entitled "Open Space Preservation: A Program for
Santa Clara County" with no modifications.
RESOLUTION NO. 87-63
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE
PROGRAM AND RECOMMENDATIONS ENTITLED "OPEN SPACE PRESERVATION: A
PROGRAM FOR SANTA CLARA COUNTY."
PASSED AND ADOPTED this 8th day of September, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NONE
GAGE
PALMERLEE,
Dev. Agreements City Administrator Baksa requested emergency action by the
"".. Council in order to approve the following development agreements
not on the Agenda: 'Office Building, Fifth and Eigleberry Streets,
... Starritt Construction; Single family residence, Dawn Way and Mesa
Road, Starritt Construction; and Tract #7350, Rancho Real, 17
Units, Filice Estates Vineyards. Mr. Baksa noted this action is
necessary in order to allow construction to begin as soon as
possible before winter sets in.
"...
}
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Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that Council act upon the above
development agreements received too late to be agendized.
City Administrator Baksa further noted a request of Filice
Family Estates to delete the requirement of a "Noise Easement" from
the Final Map for Tract #7350, Rancho Real, within 200 feet of a
diesel-powered emergency generator.
Planning Director Dorn explained that a booster pump and
emergency reservoir system are being installed to serve the lots in
Pressure Zone 2 and a possible noise nuisance could occur as a
result of the generator switching on during an emergency.
Mr. Walt Hanna addressed the Council and explained the
request.
Mr. Tim Filice addressed the Council further explaining the
request and noted concern regarding the Noise Easement and stated
they would prefer to handle the disclosure of the possible noise
nuisance in a Conditions, Covenants and Restrictions document as
opposed to a Noise Easement on the deed.
Council discussion was had on the matter.
Motion was made by Councilman Valdez seconded by Council-
woman Albert and carried that the diesel-powered auxiliary
5552
Fire Unit
MOU
Crosswalks
No Name Uno
SCVWD re: Fuel
Leak Prog.
Funds
generator be appropriately muffled and that full disclosure of the
possible noise nuisance be identified in the conditions, covenants
and restrictions for the development.
Motion was made by Councilman Kloecker seconded by Council-
man Valdez and carried that the following development agreements be
approved:
Office building, Fifth and Eigleberrry Streets, Starritt
Construction;
Single family residence, Dawn Way and Mesa Road, Starritt
Construction; and
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Tract #7350, Rancho Real, 17 Units, Filice Estates
Vineyards, as amended.
......
City Administrator Baksa recommended postponing approval of
the Memorandum of Understanding for the Fire Unit to the next
Regular Council Meeting of September 21, 1987.
City Administrator Baksa noted a recommendation from the
City Engineer for additional school crosswalks. He stated with the
construction of the new Rod Kelly School and modifications to
school bus routes by the School District, there is a need to modify
some of the pedestrian routes.
Motion was made by Councilwoman Albert seconded by
Councilman Valdez and carried that the recommendation be approved
for additional crosswalks on the north, south and west legs of the
intersection of Kern and Welburn Avenues and on the west leg of the
intersection of Culp Drive and Kern Avenues.
The Mayor asked if there was anyone present in the audience
wishing to speak on any matter not on the agenda.
Mr. Dale Jelsema, 1045 Malo Court, Gilroy, addressed the
Council regarding a request of South Valley Intercommunity Hospital
to change the name of No Name Uno. Mr. Jelsema spoke for himself
and residents in the area objecting to the name change. He noted
the County held a hearing on the request and he understands the
matter will be coming before the City Council and Planning Commis-
sion at a future date. He stated the residents would like to be
advised as to when the matter will be heard so that they can voice
their objections to the proposed name change. Mayor Hughan advised
him the Planning Department could tell him when it will be
agendized.
.....
.....
Planning Director Dorn noted the County has held one public
hearing on the matter and if there is a recommended name change,
the matter will be coming back to Council, but not necessarily the
Planning Commission.
City Engineer Allen noted that Public Works has done some
internal processing on the application and they had recommended the
matter be heard by the County first, as most of the street is in
County jurisdiction.
Council requested a Staff Report on the matter and suggested
a list of historical family names in the area for consideration in
the event the name change was recommended.
City Administrator Baksa presented a request of the Santa
Clara Valley Water District for support as a recipient of state and
federal funds for a local fuel leak response program. Council
agreed to send a letter to the County recommending any state and
federal funds be transferred to the SCVWD to allow them to expand
their current fuel leak response program. Councilwoman Albert
asked the City Administrator to find out if we are under the
authority of Region II or III of the Regional Water Quality Control
Board - Central Coast Region. Mr. Baksa said he would get that
information for Council.
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I
......
Pkg. Lot -
Muni Ct.
Dimes Against
Crimes
"...
.....
,..
...
P & R Com.
7/21/87
Plan. Com.
9/3/87
A/S 87-17
Filbro Dev.
10th St.
Median
"...
...
5553
City Administrator Baksa requested approval of an agreement
between the County of Santa Clara and the City of Gilroy for a
parking lot near the Municipal Court.
Motion was made by Councilman Palmer lee seconded by
Councilman Valdez and carried that the agreement between the County
of Santa Clara and the City of Gilroy for a parking lot near the
Municipal Court be approved and authorized execution of same.
City Administrator Baksa presented a request of Police Chief
Cowart for Council support of the Dimes Against Crimes initiative.
Motion was made by Councilman Palmerlee seconded by Councilwoman
Albert and carried that a letter be sent to Secretary of State
March Fong Eu supporting the Dimes Against Crimes initiative.
Noted the following informational items with no separate
discussion on same:
Report of Investments with maturity dates exceeding one
year;
Proclamations issued by Mayor Hughan: 1) Bells Across
America - A Ringing Tribute to the Constitution, 1:00 p.m.,
September 17, 1987; 2) Constitution Week - September 17-23, 1987;
County of Santa Clara resolution permitting Registrar of
Voters to conduct City of Gilroy General Municipal Election,
November 3, 1987;
Planning Staff Approvals, dated August 27, 1987;
South Bay Airport Shuttle Application to PUC for license to
operate a reservation shuttle service between all cities in the
Santa Clara Valley to the San Jose and San Francisco Airports; and
People for Open Space/Greenbelt Congress Conference,
September 26, 1987, at Tiburon.
The Minutes of the Parks and Recreation Commission
Meeting of July 21, 1987, were noted.
The Minutes of the Senior Advisory Board Meeting of June 15,
1987, were noted.
The Minutes of the Gilroy Golf Course Advisory Board Meeting
of June 9, 1987, were noted.
The Report of the Planning Commission Meeting of September
3, 1987, were noted.
Planning Director Dorn explained the Staff Report for
A/S 87-17, Gilroy Village Shopping Center Review, Filbro Develop-
ment Company, applicant. He noted the developer and staff are in
agreement with all items in the Staff Report except for Condition
No. 10 which involves the landscaped median on Tenth Street. He
noted the Planning Commission, by a 3-2-2 vote, recommended
eliminating Condition No. 10, although the action was not official
as there was not a majority vote of the Commission.
City Engineer Allen noted Staff has recommended the
installation of a solid landscaped median on Tenth Street between
Chestnut and Alexander Streets as a safety issue. He explained a
report on traffic patterns and traffic signals in relation to the
median.
Mr. Don Orosco, developer, addressed the Council and spoke
in favor of eliminating the median and also spoke in favor of
continuous left-turn lanes on Tenth Street.
Discussion was had by Council on the matter.
5554
JPA Jt. Dinner
Mtg. 9/14/87
Stdy. Sess. re:
Sewer Update
Adjournment
'"
Motion was made by Councilwoman Albert seconded by Council-
man Kloecker and carried that the 'landscaped median as required in
Co~dition No. 10 of the Staff Report and as recommended by the City
Engineer be required. Councilmembers Mussallem and Valdez voted
"no" on the motion.
Council expressed concern regarding the plan to install a
median on Chestnut Street which would eliminate a left-turn into
the north entrance of the K-Mart Shopping Center. City
Administrator Baksa noted he would have Staff study the issue for a
report back to Council.
City Administrator Baksa noted the Five Year Financial Plan
has been published and distributed to Council.
Mayor Hughan noted the Joint Powers Sewer Advisory Committee
has scheduled a Joint Dinner Meeting with the Gilroy and Morgan
Hill City Councils on September 14 and that Mr. Lazzarini of the
Old City Hall Restaurant has invited both Councils to be his guests
for dinner.
Councilman Mussallem noted the lawsuit regarding the Gilroy/
Morgan Hill Environmental Cases for the Longterm Wastewater
Facility will begin on September 22.
Councilman Valdez commended City Staff for their participa-
tion and cooperation in the First Annual Hispanic Cultural
Festival, noting the Festival Committee asked him to express their
gratitude to Council and Staff.
Council scheduled a Study Session for September 21, 1987,
at 7:00 p.m., in the Council Chambers to discuss sewer flow and
past sewer allocation obligations.
At 9:55 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
ZA~' {~ (~ai~
Deputy City Clerk t1