Minutes 1987/12/07
5580
Posting
Agenda
Roll Call
Intro.Emp.
Consent
Calendar
Minutes
Ord.87-18
Ord.87-19
Regular Meeting
December 7. 1987
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
December 3, 1987 at 9-36 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta Hughan - 8:06 p.m.
The Mayor introduced new employees: Rodney Pavao, Assistant
Fire Chief and Mark S. Ordaz, Firefighter.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Gage, Hale, Kloecker, Mussallem, Palmerlee, Valdez and Hughan as
corrected and Councilman Mussallem not voting on Item "G"
Accepting Improvements for David Chan, Mussallem Duplex and
Leavesley Inn:
Approved the Minutes of the Regular Council Meeting of
November 16, 1987 as corrected noting Councilwoman Albert voting
"aye" under the Consent Calendar and Resolution No. 87-71 in
place of Councilman Hale:
Adopted Ordinance No. 87-18 Zoning Text Amendments;
ORDINANCE NO. 87 - 18
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 2.20, 10.30,
31.40, 31.63, 31.6, 34.30, 34.31, 34.32, 34.41, 34.42, 34.43,
36.20, 37.41, 37.51, 39.10, 39.40 AND 50.21 OF THE ZONING
ORDINANCE.
PASSED AND ADOPTED this 7th day of December, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
Adopted Ordinance No. 87-19 Amending the Zoning Ordinance
by Rezoning a 2.4 acre Parcel at 9005 Kern Avenue, from Rl
(Single Family Residential) District to R3 (Medium Density
Residential) District;
.....
....
Claim-L.
O"Dell
LA'P
Addition
Def.Dev.
Agree.-J.
Kazanjian
Improvmnts.
Gilroy
Motel
....
.....
.....
....
5581
ORDINANCE NO. 87 - 19
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 2.4 ACRE PARCEL, MORE OR LESS, AT 9005
KERN AVENUE, ON THE WEST SIDE NORTH OF RAMONA WAY FROM Rl (SINGLE
FAMILY RESIDENTIAL) DISTRICT TO R3 (MEDIUM DENSITY RESIDENTIAL)
DISTRICT.
PASSED AND ADOPTED this 7th day of December, 1987, by the
following vote:
AYES: COUNCILMEMBERS-
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS
GAGE, HALE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
Noted a letter of Diane G. Eckhart-Petro opposed to said
Ordinance.
Denied a damage claim of Leon O'Dell as recommended;
Accepted Notice of Completion for Contract Completion of
Las Animas Park Addition as recommended;
Approved a Deferred Development Agreement for Sierra Valley
Bus Line/Jack Kazanjian, Trustee as recommended;
Accepted Improvements for David Chan, 7216 and 7224 Eigle-
berry Street; Mussallem Duplex, Church and Ninth StrEfts; and
Leavesley Inn, Murray Avenue, noting Councilman Mussallem did not
vote on this item.
Noted a Request of Martin N. Chappell for Exemption to the
Sewer Moratorium for Gilroy Motel, APN 790-14-001 and Request of
Clifford D. Brabant for a General Plan Amendment for said
property.
Noted an additional letter from Martin Chappell endorsing
the General Plan Amendment request.
Noted the Staff Report further explained by City
Administrator Baksa.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Clifford D. Brabant, addressed the Council and further
explained the proposal for the Gilroy Motel property.
Ms. Marie Juncker, Executive Director of South County
Housing, addressed the Council noting a proposal to obtain an
Agreement with Mr. Brabant for low cost housing on the subject
site and additional grant monies proposed for approval in July
1988.
Mr. Robert J. Dyer, Broker for the Property, addressed the
Council on behalf of Mr. Brabant.
Mr. Martin N. Chappell, addressed the Council further
explaining the proposal and efforts to combine development with a
public agency.
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 Valdez seconded by Councilman
Hale and failed by the following Roll Call Vote to pledge favor-
able response to the request for low cost housing development at
the Gilroy Motel site, freezing 6,000 gallons for 24 units pend-
ing an Agreement with South County Housing and the property
owners for said project and continuing Council decision to the
January 4, 1988 Regular Meeting. Ayes: Councilmembers: Gage,
Hale and Valdez; Noes: Councilmembers: Kloecker, Mussallem,
Palmerlee and Hughan.
5582
4-Way Stop
8th & Hanna
Claim-
Starritt
A.Greco
M.Callender
Re s t.
So.Co.Water
Adv. Com.
P.&R.Com.
11-27-87
A petition from l~cal residents supporting a four-way stop
at the intersection of Eighth and Hanna Streets was noted.
City Administrator Baksa noted that a Staff Report would be
presented at the next regular meeting to include a Traffic Study
for the Intersection of Carmel and Third Streets.
Noted a Claim of Mark Starrit further explained by the City
Administrator. The City Attorney noted that the claim is invalid
as Mr. Starritt waived same at the time the original claim was
filed in Small Claims Court.
Mr. Mark Starritt addressed the Council further explaining
the claim.
IlIIllIII
.....
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried that the Claim of Mark Starritt
be denied as recommended.
A request of Mr. Allen R. Greco for sewer allocation for a
Marie Callender's Restaurant on Murray Avenue was noted and
further explained by Mr. Greco.
Mr. Bill Reimal, Chairman of the Visitors' Bureau addressed
the Council urging Council to approve the request.
Discussion was had on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that a 4,000 gal. sewer allocation be
approved out of the commercial expansion category for a Maria
Callender's Restaurant to be located adjacent to the Leavesley
Inn. It was noted that 6,000 gallons is needed and that 2,000
gallons would be from the Leavesley Inn allocation not needed.
Noted a request of the Santa Clara Valley Water District
for a City representative on the South County Water Advisory
Committee. The Mayor appointed Councilman Mussallem as said
representative and Councilman Palmerlee as Alternate.
...
....
Noted the following informational items with no separate
discussion on same:
Proclamations Issued by Mayor Hughan: Family Week -
November 22-28, 1987; Youth Appreciation Week - November 11-16,
1987; Annual Christmas Sharing Program - Kick-off-November 23,
1987; Winter Storm Preparedness Week - November 30th-December 5,
1987; and India Cultural Celebration Day - November 28, 1987;
Minutes of the Gilroy Downtown Revitalization Interim Board
Meeting of October 26, 1987;
FPPC Public Hearing December 1st re: Lobbying Activities at
the Local Government Level;
Santa Clara County Intergovernmental Council (IGC) re:
County Solid Waste Management Plan;
Assemblyman Areias re: AB 815 Local Control of Parking of
Large Commercial Vehicles in Residential Districts;
Report of Investments with Maturities Exceeding One Year;
...
Population Estimates for Santa Clara County;
.......
Additional Applications for Commission Appointments; and
City's Response re: Signal Modification at Leavesley Road
and Monterey Street.
The Minutes of the Parks and Recreation Commission Meeting
of November 27, 1987 were noted.
Noted the Minutes of the Senior Advisory Board Meeting of
October 19, 1987 and the Minutes of the Gilroy Golf Course
Advisory Board Meeting of October 13, 1987.
87-88
Budget
Retreat
--
.....
Study
Session
Traffic
Authority
....
....
CDBG Rep.
ICC
Adj rnmt .
....
II...
.5583
City Administrator Baksa presented and distributed a Report
on Transfers, Distribution and Methodology Study and further
explained same recommending approval and amendments to the 1987-
88 Budget.
Motion was made by Councilman Gage seconded by Councilman
Palmer lee and carried that the report as presented be approved
and that the 1987-88 Budget be revised as recommended to include
the amendments presented.
City Administrator Baksa noted the Council Retreat of
January 29th and 30, 1988 and requested Council to list two or
three topics that they want to be discussed at the Retreat.
City Administrator Baksa noted and explained a Financial
Seminar recently attended.
City Administrator Baksa recommended tabling action on a
Vicious Dog ordinance to await other cities resolving same.
City Administrator Baksa distributed a Report on
Brandishing of Replica Firearms noting State law believed to
provide for appropriate enforcement.
Council set December 14, 1987 at 7:00 p.m. as a Study
Session for Interviews and Introduction of Planning and Parks &
Recreation Commission appointees. Council requested attendance
records of those Commissioners seeking reappointment and
additional copies of each application.
The Mayor noted a request of Santa Clara County Traffic
Authority for the South Zone Mayors to select a representative
for two years, noting David Moyles presently holding that
position is seeking reappointment.
The Mayor noted a letter from The Food Bank regarding their
Community-wide Canned Food Drive.
The Mayor appointed Councilman Hale to the Advisory Board
of CDBG replacing retired Councilwoman Albert.
The Mayor noted a Garlic Committee Strategic Plan Meeting
scheduled for December 15, 1987 at 7:00 p.m. for in-put from
Committee members and proposed changes.
The Mayor noted the Inter-City Council Annual Christmas
Dinner and Program, December 10, 1987, 6:30 p.m. - Monterey
Whaling Company, Mountain View.
At 10:08 p.m. the Mayor adjourned to a continued Closed
Session re: Initiation of Litigation in accordance with Section
54956.9 (c) of the Government Code re: State Board of
Equalization and Exposure to Litigation in accordance with
Section 54956.9(b)(I) of the Government Code.
At 10:24 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
4U4fImtJ f_. efi.~
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Susanne E. Steinmetz, City Cler