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Minutes 1989/10/16 T Invocation Posting Agenda Roll Call Intro.Emp. Emp.Month Red Ribbon Consent Calendar Minutes Res.89-53 '1 7:") C:, d I ./ ,.) Regular Meeting October 16, 1989 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag at 8:01 p.m. The Mayor called on Dr. Joe Caldwell, First Baptist Church to give the Invocation. The City Clerk reported that the Agenda had been posted on October 12, 1989 at 1:39 p.m. Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. The Mayor introduced New Employees: John K. Cromwell and David Cruz, Maintenance I - Public Works. The Mayor presented the Employee Award for the Month of September 1989 to Bob Lewis, Senior Maintenance - Public Works. The Mayor honored students of the Red Ribbon Week Poster Contest Winners, noting posters on display in the Council Chambers. 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: Approved the Minutes of the Regular Council Meeting of October 2, 1989; Adopted Resolution No. 89-53 Approving a Traffic Signal Modification Agreement - Leavesley & Murray Avenues; RESOLUTION NO. 89 - 53 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT TO PROVIDE FOR THE MODIFICATION OF THE TRAFFIC CONTROL SIGNAL AT THE INTERSECTION OF MURRAY AVENUE WITH LEAVESLEY ROAD (STATE HIGHWAY ROUTE 152) IN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of October, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCIL MEMBERS : COUNCILMEMBERS: GAGE, HALE, KLOECKER, PALMERLEE, VALDEZ and None None; MUSSALLEM, HUGHAN 5796 Budget Res.89-54 Ord.89-17 Claim Peterson CDBG Dev.Agree. Brent- Westwood RDA Pub.Hear. HCD Approved Budget Amendments and Transfers as recommended; Adopted Resolution No. 89 - 54 Honoring Gloria Mullings' Retirement; Adopted Ordinance No. 89-17 Amending Paragraph (5) of Section 22.35 and Enacting Chapter 21, Article V of the City Code Pertaining to Requirements for Undergrounding Utilities; ORDINANCE NO. 89 - 17 AN ORDINANCE OF THE CITY OF GILROY AMENDING PARAGRAPH (5) OF SECTION 22.35 AND ENACTING CHAPTER 21, ARTICLE V OF THE GILROY CITY CODE PERTAINING TO REQUIREMENTS FOR UNDERGROUNDING UTILITIES. PASSED AND ADOPTED this 16th day of October, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: GAGE, HALE, KLOECKER, PALMERLEE, VALDEZ and None None MUSSALLEM, HUGHAN COUNCILMEMBERS: COUNCILMEMBERS: Denied the Claim of Clifford Peterson as recommended; Authorized transfer of $5000.00 15th Year CDBG Allocation of CAUSA (previously approved) to Economic & Social Opportunities, Inc., now Management of CAUSA; and Approved Development Agreement #88-43, Brent-Westwood Investors, 1210-1360 First Street. The Mayor adjourned the Regular Meeting and Convened the Redevelopment Agency noting that the same Roll Call would stand for the Redevelopment Agency. Discussion was had on the Eminent Domain Policy. Director Valdez recommended that commercial and industrial property be eliminated from the Agency's eminent domain policy and that steps be taken to officially eliminate eminent domain proceedings from all RDA Projects. Executive Director Baksa explained the Council options regarding an action of this nature. Motion was made by Director Valdez seconded by Director Hale and carried that Staff be requested to formalize same for a Redevelopment Agency Plan amendment. Discussion was had regarding the financial impact of RDA, further explained by Executive Director Baksa. It was noted that a RDA amendment would be agendized for formal action at the earliest date. The Chairwoman adjourned the RDA Meeting and reconvened the Council Meeting. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider reallocation of $5,000.00 from the Housing Rehabilitation set aside to "Special Needs" of Public Service Agencies for the 15th Program Year. The Staff Report was noted and further explained by City Administrator Baksa and HCD Grant Coordinator Rojas. The Mayor asked if there was anyone in the audience wishing to speak. Cynthia McCown, Program Manager, of The Food Bank, addressed the Council requesting allocation of the available fund s . Mary Ellen Rocha, Operation Sentinel, addressed the Council requesting the available funds. Pub.Hear. GUHS GP A Pub.Hear. IFDES GPA Pub.Hear. IFDES Re- zoning Pub.Hear.-So. Valley Com. Church ~ 7 ,~-' 7 <" I j " Randall Jimenez, Growth & Opportunity, addressed the Council requesting funding for Child Care for the Homeless Program. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the $5,000.00 be allocated to Operation Sentinel. The Mayor recommended that the Public Hearing on a General Plan Amendment request of the Gilroy Unified School District, applicant, from Park/Public Facility to Low Density Residential and from Low Density Residential to Park/Public Facility, on property located on Calle Del Rey, north of Mantelli Drive, on approximately 13 acres (GPA 89-5) be continued to December 18, 1989 Regular Council Meeting since the Planning Commission continued same to their December 7, 1989 meeting. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the Public Hearing on a General plan Amendment request of the Gilroy Unified School District be continued to the December 18, 1989 Regular Council Meeting as recommended. The Mayor recommended that the Public Hearing on a General Plan Amendment request of IFDES Lodge, applicant, from Low Density Residential to General Services Commercial, on property located at 250 Old Gilroy Street, southwest corner at Forest Street on approximately 0.54 acre (GPA 89-3) be continued to November 6, 1989 Regular Council Meeting since the Planning Commission continued same to their November 2, 1989 meeting. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the Public Hearing on a General Plan Amendment Request of the IFDES Lodge be continued to the November 6, 1989 Regular Council Meeting as recommended. The Mayor recommended that the Public Hearing on a rezoning request of IFDES Lodge, applicant, from R2 (Two Family Residen- tial) to CM (Commercial Industrial) District, on property located at 250 Old Gilroy Street, southwest corner at Forest Street, on approximately 0.54 acre (Z 89-3) be continued to November 6, 1989 Regular Council Meeting since the Planning Commission continued same to their November 2, 1989 meeting. Motion was made by Councilman Mussallem seconded by Councilman Valdez that the Public Hearing to consider the IFDES Lodge Rezoning request be continued to the November 6, 1989 Regular Council Meeting as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a rezoning request of South Community Church, applicant, from R3 (Medium Density Residential) to C3 (Shopping Center Commercial) District, on property located at Kelton Drive, North of First Street, on approximately 1.59 acres (2 89-4). The Staff Report was noted and further explained by Associate Planer Myer. 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. The Mayor closed the Public Hearing. Motion was made by Councilman Mussallem seconded by Coun- cilman Kloecker and carried that an ordinance be introducedand published by title and summary approving the rezoning request of South Valley Community Church from R3 (Medium Density Residen- tial) to C3 (Shopping Center Commercial) District as recommended. ~7r' p ~' ~'J Pub.Hear.-USA The Mayor stated that it was the time and place scheduled for a Public Hearing to consider the 1989 Urban Service Area requests totalling 132 acres for property located at 1060 Gilman Road, E/South Valley Freeway, 95 acres, Robert J. Lindeleaf, applicant and for property located at 580 Thomas Road, N/Santa Teresa Boulevard, 37 acres, Mario C. Fiorio, applicant (M 89-3). The Staff Report was noted and further explained by Associate Planner Myer, noting the recommendation to not forward the applications to LAFCO. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Rod D'Christafero, representing the Lindeleaf applica- tion addressed the Council further explaining the request for inclusion of their property in the Urban Service Area. Mr. Richard Fiorio, 7035 Princevalle Street, representing the Fiorio application, addressed the Council further explaining the request for inclusion of their property in the Urban Service Area. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Res.89-55 Motion was made by Councilman Kloecker seconded by Councilman Palmer lee that the reading of Resolution No. 89-55 be waived and tht it be adopted upholding the Planning Commission's decision to not forward the applications to LAFCO. RESOLUTION NO. 89 - 55 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING NO MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY WITHIN THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 16th day of October, 1989, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: GAGE, HALE, KLOECKER, PALMERLEE, VALDEZ and None None MUSSALLEM, HUGHAN The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. Wheeler Hosp. The Staff Report on use of CDBG Funding for a feasibility study of Wheeler Hospital Buildings was noted and discussion was had regarding inter jurisdictional cooperation further explained by City Administrator Baksa, noting that it would be possible for the City to use $12,000.00 HCD funding for said purpose and that South County Housing has stated that they could contribute $3,000.00 for said project. Motion was made by Councilman Palmerlee seconded by Councilman Hale and carried that a Public Hearing date of November 6, 1989 be set for consideration of HCD Funding for a Feasibility Study of the Wheeler Hospital Buildings between Fifth and Sixth Streets, requesting information at the Hearing as to what the study would entail and accomplish with Staff, City, Wheeler Hospital Trustees and interested Citizens' Committee to work together on this matter. The Mayor appointed Council Committee volunteers: Councilmember: Hale, Gage, Valdez; and Alternate - Councilmember: Mussallem as the City's representatives. Mr. Mort Walser, Wheeler Hospital representative addressed the Council noting that time is of the essence. Mr. Rolf Bruckner noted that as a member of the Citizens' Committee a letter was forwarded the Wheeler Board of Trustees with the intention to work together with them and no intention to delay their plans. Trucks- Murray Ave. Fire MOUs County Est. Venture ABAG Tanner HazMat prog. State Water com. Plan.Com. 10-5-89 ~ 7;" q ~. I ;1./ A Petition and Staff recommendations were noted regarding Truck Parking on Murray Avenue. Discussion was had on the matter. Motion was made by Councilman Palmer lee seconded by Councilman Gage and carried that a proposed ordinance be introduced and published by title and summary prohibiting parking of commercial vehicles having a manufacturer's gross vehicle weight rating of 10,000 lbs. or more in residential districts. Councilmembers: Hale, Kloecker and Mussallem voted "no" on the motion. The Mayor continued with the regular order of the agenda. Motion was made by Councilman Palmerlee seconded by Councilman Valdez and carried that the Fire Department Memorandum of Understanding be approved as recommended to include the necessary budget amendment required for same. Discussion was had regarding Country Estates Venture Development conformity to the Residential Development Ordinance noting a letter from County Estates Venture giving their proposed marketing plan for the first unit of Country Estates. Motion was made by Councilman Valdez seconded by Councilman Palmerlee and carried that the conditions set forth in the letter of September 21, 1989 from Country Estates Venture be approved for the marketing plan of the first unit with an additional condition to option #3 requiring the lot be built out in the year, requires discretion. Councilman Kloecker voted "no" on the motion. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Kirk Enslinger, Los Gatos, owner of the Fire Station Building on Fifth Street addressed the Council, noting the City's requirements for unreinforced masonry buildings is not economical for such improvements. He urged the City to include buildings in the downtown area under RDA projects if the City wish to keep the old buildings as a part of Gilroy's history. The Mayor urged him to attend the Downtown Project meetings for his in-put. ABAG Tanner Committee Requesting comments on Hazardous Waste Management Planning MOU and recommendation was noted. Council took no action on same. The request of California Water Awareness Committee for support contribution for the Water Awareness Campaign was noted. Council took no action on same. The following informational items were noted with no separate discussion on same: Edwin F. Putman, Councilman Candidate, November 7, 1989 Special Municipal Election not seeking election; Glenn S. Suyeyasu, Planning Commissioner, seeting reappointment; Planning Staff Approvals, dated September 28, 1989; proclamation Issued by Mayor Hughan: Paratransit Services Month, October 1989; CEO/President in Appreciation at Gilroy Senior Center Van Day; and Taxpayers United request to Join the League of California Cities, Regional Council of Rural Counties. The Report of the Planning Commission Meeting of October 5, 1989 was noted. c () "", tl .~uL)\) PersCom. 10-9-89 Emp.Sug. Program Water Update Qr.Reports GDDC Adjrnmt. The Minutes of the Personnel Commission Meeting of October 9, 1989 were noted and further explained by City Administrator Baksa. Motion was made by Councilman Palmerlee seconded by Councilman Hale and catried that the recommendation to change the title of Secretary to Police Administrative Assistant; Tree Climber to Tree Maintenance Specialist; and Police Records Clerk to Police Records Technician be approved and the change of job description from Purchasing Agent to Purchasing & Property Manager be approved. City Administrator Baksa presented the Employees' Sugges- tion Program for approval. Discussion was had on the matter. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the Employees' Suggestion Program be approved as presented and recommended. Councilman Kloecker voted "no" on the motion. City Administrator Baksa gave an up-date on the City's water Conservation Program. Discussion was had regarding the City turf repair program. Council agreed that the City should not do any turf repair unless within the present water rules and regulations. Distributed Quarterly Reports to Council. The Mayor recommended reappointment of Councilman Hale as Council Representative to Gilroy Downtown Development Corporation (GDDC) . Motion was made by Councilman Mussallem seconded by Councilman Palmerlee and carried that Councilman Hale be reappointed as the City's representative on the Gilroy Downtown Development Corporation (GDDC). Councilman Palmerlee reported that the City Council Team had won the Bucket Brigade Competition at Nob Hill Foods on Fire Prevention Day. At 11:03 p.m. the Mayor adjourned the meeting. submitted, City Clerk