Minutes 1990/05/21
5876
Invocation
Posting
Agenda
Roll Call
Intro.New
Emp.
Emp.Award
Consent
Calendar
Minutes
Ord.90-10 re:
Churches in
M1 Dist.
Res.90-29
Eng.Serv.
Air Toxics
Inv.Prog.
Bids:
Vehicles
Regular Meeting
May 21, 1990
Gilroy, California
The Mayor led the Pledge of Allegiance to the Flag.
The Reverend Dr. Joe Caldwell, First Baptist Church gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
May 17, 1990 at 10:05 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale,
Paul V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez,
Jr. and Roberta H. Hughan.
The Mayor introduced New Employee, James M. Callahan, Police
Officer.
The Mayor presented the Employee of the Month Award for
April 1990 to Dorothy Saulan, Clerk Typist II, Parks Department.
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, Nelson, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of April
16, 1990;
Adopted Ordinance No. 90-10 Amending the Zoning Ordinance to
allow Churches in M1 (Limited Industrial) Districts;
ORDINANCE NO. 90 - 10
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 22.30 OF THE
ZONING ORDINANCE TO ADD CHURCHES AS A CONDITIONAL USE IN M1
(LIMITED INDUSTRIAL) DISTRICT.
PASSED AND ADOPTED this 21st day of May, 1990, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Adopted Resolution No. 90-29 Naming "Bearcat Court", a
Private Street;
RESOLUTION NO. 90 - 29
RESOLUTION OF THE COUNCIL OF THE
PRIVATE STREET "BEARCAT COURT".
PASSED AND ADOPTED this 21st day
vote:
AYES:
CITY OF GILROY NAMING A NEW
of May, 1990 by the following
COUNCILMEMBERS:
GAGE, HALE, KLOECKER,
VALDEZ and HUGHAN
None
None
MUSSALLEM, NELSON,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
City Administrator Baksa presented and explained a recom-
mendation on a proposal of James M. Montgomery, Consulting Engi-
neers, Inc. for engineering services for the Air Toxics Inventory
Program.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the proposal of James M. Montgomery,
Consulting Engineers, Inc. be approved for engineering services
for the Air Toxics Inventory Program as recommended.
City Administrator Baksa presented and explained a
recommenda-
tion on bids received from Fremont Ford in the amount of
$108,202.31 for nine (9) police sedans.
Pub. Hearing
Wheeler
Hosp.Assoc.
Ord.90-11
~8. 77..
~ I I
Motion was made by Councilman Valdez seconded by Councilman
Kloecker and carried that the bid of Fremont Ford in the amount of
$108.202.31 for nine police sedans be approved as recommended.
The bids regarding trucks was continued to the next regular
Council Meeting of June 4, 1990.
The Mayor continued the Public Hearings to consider a General
Plan Amendment and rezoning requests respectively, from Park/Public
Facility to Low Density Residential and rezoning from PF (Public
Facility) to R1 (Single Family Residential) District, on property
located at 651 Sixth Street, between Carmel and Princevalle
Streets, on approximately 3.74 acres, Wheeler Hospital Assoc.,
applicant, GPA 89-4 and Z 89-5 to the June 4, 1990 Regular Council
Meeting. (Continued from 2-20-90, 4-16-90, and 5-7-90.) The
applicant's letter requesting continuance was noted.
Discussion was had on a proposed ordinance enacting Section
15.60 (3) designating No Stopping, Standing or Parking Areas,
previously introduced 5-7-90 and published by title and summary
further explained by City Administrator Baksa.
Mr. David Bettencourt, 7831 Hanna Street, addressed the
Council presenting a survey of the residents in the vicinity of
Sandrino's Restaurant requesting special parking permits to park
in front of their residences.
Mr. Craig Simmons, Hanna Street, addressed the Council
noting that valet parking proposed by the owners of Sandrino's
Restaurant would not eliminate parking of rowdy people in front of
their residences. He noted that there is no crosswalk on First
Street for use of Sandrino's patrons. He further requested two or
three parking stickers for each residence on Hanna Street and
recommended a public parking lot be constructed to alleviate
parking problem on the side street.
Mr. Miguel Paredes, addressed the Council and inquired about
that portion of the proposed ordinance referring to standing.
Mr. Alex Larson, owner of Sandrino's Restaurant addressed
the Council noting that he has contracted with Jimenez Accounting
Office and the Shell Service Station for lots to be used for valet
parking and recommended he be allowed time to determine if this
will solve the parking problem prior to establishment of no
parking areas and permit parking.
Mr. Mark Komorowski, 7821 Hanna Street, addressed the
Council noting that valet parking will not solve the parking in
front of the residences and recommended that permit parking be
established.
The Mayor asked if there was anyone further in the audience
wishing to speak.
Ms. Ann Vega, 7871 Hanna Street, addressed the Council
requesting permit parking in front of the residences.
Motion was made by Councilman Valdez seconded by
Councilwoman Nelson that the ordinance be postponed for thirty
days to see if local residents can work out the parking with
Sandrino's Restaurant. Motion ~ailed by the following Roll Call
..Vote: Ayes: Councilmembers: Mussallem~ Nelson and Valdez1 Noes:
Councilmembers: Gage, Hale, Kloecker and Hughan.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that Ordinance No. 90-11 be adopted enacting
Section 15.60 (3) designating No Stopping, Standing or Parking
Areas. It was noted that the ordinance would become effective 6-
20-90 and that a resolution providing for permit fees could be
adopted at the June 18, 1990 regular Council Meeting if needed.
5878.
Parking/Tow
Away Zones
A.Fortino
Mesa Rd.
ORDINANCE NO. 90 - 11
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 15.60 (3) OF
THE GILROY CITY CODE PERTAINING TO PERMIT NO PARKING AREAS.
PASSED AND ADOPTED this 21st day of May, 1990 by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, KLOECKER, HALE and HUGHAN
COUNCILMEMBERS: MUSSALLEM, NELSON and VALDEZ
COUNCILMEMBERS: None
City Administrator Baksa presented an update on No
Parking/Tow Away Zones for Vehicles over Five Tons further
explained by Director of Public Works Allen.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that tow away zones be established on the west side of
Monterey Street from 650 feet south of Luchessa Avenue to 1400
feet south of Luchessa Avenue. (Failed)
Police Commander Gardner addressed the Council and
encouraged them to establish the above tow away zone for safety
reasons.
Mr. Bob Whitehouse, owner of J. Winfield's addressed the
Council requesting that tow away zones not be established at this
location.
The motion failed by the following Roll Call Vote: Ayes:
Councilmembers: Gage and Kloecker; Noes: Councilmembers: Hale,
Mussallem, Nelson, Valdez and Hughan.
Motion was made by Councilman Kloecker seconded by
Councilman Hale that tow away zones be established on the south
side of Pacheco Pass Highway from 400 feet west of Brem Lane to
400 feet east of Brem Lane; north side of Brem Lane from Pacheco
Pass Highway to 750 feet west of Pacheco Pass Highway and south
side of Brem Lane from 500 feet west of Pacheco Pass Highway to
750 feet west of Pacheco Pass Highway.
Motion failed by the following Roll Call Vote: Ayes:
Councilmembers: Gage, Kloecker and Hughan; Noes: Councilmembers:
Hale, Mussallem, Nelson and Valdez.
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
City Administrator Baksa presented and explained a recom-
mendation on large family exceptions to the Water Conservation
Program further explaining same, noting six alternatives.
Mr. Kevin Levonius, addressed the Council and presented
charts indicating 1987 usage of water and 1990 current usage and
requested that his formula be considered.
After discussion Council tabled any action on the matter
until late in the summer for implementation if necessary in
November-March; second portion of the program.
A request of Gene Wells regarding proposed improvements of
Mesa Road adjoining the Albert Fortino property was noted. Direc-
tor of Public Works Allen explained the Staff Report. Planning
Director Dorn explained the Tentative Map and Preliminary Map
procedure. It was noted that the usual procedure is,to approve
the Tentative Map prior to approving and constructing any infra-
structure to a project.
At 10:26 p.m. Councilman Mussallem left the Council
Chambers.
Mr. Bill Henry, Civil Engineer, representing the applicant,
addressed the Council further explaining the proposed project.
At 10:27 p.m. Councilman Mussallem returned and took his
seat at the Council table.
Water
Exempt.
Alarm Sys.
Landscape
Policy
Council
Meetings
Reclamation
Facility
ABAG
c, 8' 7 q
loo..o' .."
At 10:28 p.m. Councilman Valdez left the Council Chambers.
At 10:30 p.m. Councilman Valdez returned and took his seat
at the Council table.
Mr. Bill Henry further explained the proposal noting that
the improvements proposed would be from $300,000.00 to
$400,000.00.
Mr. Gene Wells, representing the Applicant, addressed the
Council noting that he is a resident in the vicinity of the
project further explaining the proposal.
Public Safety Director Gillespie addressed the Council
requesting that the street be widened.
At 10:49 p.m. Councilman Gage left the Council Chambers.
Mr. Lee Kalpin, 5405 Nicole, addressed the Council noting
that he and his neighbors are in favor of the improvements
proposed for R1 future development.
At 10:51 p.m. Councilman Gage returned and took his seat at
the Council table.
Motion was made by Councilman Kloecker to deny the request.
Motion died for lack of a second.
Motion was made by Councilman Hale seconded by Councilman
Valdez that the proposed improvement project be accepted with
concessions of Fortino to be included and staff recommendations be
followed. Motion failed by the following Roll Call Vote: Ayes:
Councilmembers: Hale, Nelson and Valdez; Noes: Councilmembers:
Gage, Kloecker, Mussallem and Hughan.
Mr. Michael Bruun, 7330 Thayer
requesting an exemption on his water
Thursdays to Tuesdays and Saturdays.
the request.
Court, addressed the Council
days from Mondays and
Council took no action on
A recommendation to revise City Code Sections relating to
Alarm Systems was noted and further explained by Pulbic Safety
Director Gillespie.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of the proposed ordinance be waived,
that it be introduced and published by title and summary amending
Chapter 3A of the City Code pertaining to the use of building
alarm systems and devices within the City. Councilwoman Nelson
voted "no" on the motion.
Council continued the recommendation to amend the City's
existing Consolidated Landscaping Policy by Adding a new section
titled "Water Conservation Requirements" to the June 4, 1990
Regular Council Meeting.
Motion was made by Councilman Mussallem seconded by Council-
man Gage that an ordinance amending Section 2.13(a) of the City
Code be introduced, the reading waived, and published by title and
summary changing City Council regular meeting time from 8:00 p.m.
to 7:00 p.m. by the following Roll Call Vote: Ayes: Councilmem-
bers: Gage, Hale, Mussallem, Nelson and Hughan. Noes: Council-
members: Kloecker and Valdez.
Council continued the Policy Statement-Satellite Reclamation
Facilities item to the June 4, 1990 Regular Council Meeting.
Councilman Kloecker presented and explained the City's
response to ABAG proposed Regional Land Use Policy Framework for
the San Francisco Bay Area. Motion was made by Councilman
Kloecker seconded by Councilman Gage and carried that the City's
response to the ABAG proposal be approved as presented. Council-c
woman Nelson voted "no" on the motion.
5880
ObataInd.
Pk.
June
Ballot
JPA
City Select.
Committee
City Administrator Baksa presented a request from the Obata
Industrial Park for an additional sewer allocation of 3,000
gallons recommending approval. Motion was made by Councilman
Kloecker seconded by Councilman Gage and carried that Obata
Industrial Park be granted an additional sewer allocation of 3,000
gallons as recommended.
Information was presented regarding ballot propositions
108, 111 and 116 on the June 1990 Ballot. Motion was made by
Councilman Kloecker seconded by Councilman Hale that the City
supports ballot propositions 108, 111 and 116 on the June 199
ballot. Councilmembers: Mussallem and Nelson voted "no" on the
motion.
The following informational items were noted with no
separate discussion on same:
City's Parks & Recreation Department in appreciation of Nob
Hill Fun Run;
Proclamations issued by Mayor Hughan: Hire-A-Veteran Week -
May 6-12, 1990 and Poppy Week - May 14-19, 1990;
Minutes of the Gilroy Visitor's Bureau Meeting of April 10,
1990 and April 1990 Financial statement;
Monthly Cash and Investment Report - March 31, 1990;
Charles A. Gilmore in appreciation re: Rent Control
Ordinance applied to Pacific Mobile Estates;
Minutes of the Housing Task Force Meeting of May 8, 1990;
and
Susan Jacobsen appealing decision of the Planning Commission
denying variance request (appeal hearing set for June 4, 1990
Council Agenda.)
It was noted that there was no change in the Sewer Plan EIR
Process update.
City Administrator Baksa had no update on the Water
Conservation Program.
City Administrator Baksa noted the City Hall Remodeling
Construction project will begin next week.
The Mayor noted the Santa Clara County Cities Association
letter regarding upcoming vacancies for City Selection Committee
appointments.
Councilman Gage noted the Joint Powers Sewer Advisory
Committee Meeting May 22, 1990 at 8:00 a.m.
Councilman Kloecker reported that he had no update on the
Recycling Program nor the Congestion Management Revised Proposal.
The Mayor noted the Council Study Session, May 29, 1990 -
7:30 p.m. re: Residential Development Ordinance Review, Council
Chambers, City Hall, Gilroy.
Noted the Joint Special Meetings of the Gilroy/Morgan Hill
City Councils', June 5, 1990 - 7:30 p.m. and June 11, 1990 - 7:00
p.m., Morgan Hill City Council Chambers, 17555 Peak Avenue, Morgan
Hill, re: Discussion of Potential Certification of Sewer EIR and
Selection of Sewer Plan Alternatives.
Noted the Council Study Session, June 6, 1990 - 5:00 p.m.,
Dinner Meeting with the
Project, Gilroy Senior Center, Meeting Room #1 and #2, 7351 Hanna
Street.
Noted the Joint Council/Planning Commission Study Session,
to discuss the General Plan Housing Element Update, July 9, 1990 -
7:00 p.m., Gilroy Senior Center, Meeting Room #1 and #2, 7351
Hanna Street, Gilroy.
Adjrnmt.
::801
,> i 0
Noted the League of California Cities - peninsula Division -
General Membership Meeting, May 31, 1990 - 5:30 p.m., Dunfey
Hotel, San Mateo.
At 12:00 midnight the Mayor adjourned the meeting.
Respectfully submitted,
qf~~