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Minutes 1984/07/16 Roll Call -- ... Intro. Employees Consent Calendar Minutes Claims - Duran Claims - A.Bertaud Claims - S. Lopez Minutes -- Pub.Hear. re: Rezoning-T. Lerma & City - Pub.Hear. re: Prezoning-Ist Asser.1hly of God - - 5035 July 16, 1984 Gilroy, Cali~ornia Mayor Hughan led thePledQe of Allesriance to the Flag. The Regular M~eting of the Gi~roy City Council was called to order by Her Honor Roherta H. Hughan at 8:00 p.m. Present: Larry Mussallem, Absent: Council Council John E. Member: Members: Donald F. Gage, Paul V. Kloecker, pate,'pete valdez, Jr. and Roberta H. Huqhan. Sharon A. Albert. The Mavor introduced Rene Mitchell and Julie Spier, Recreation Coordinators. Motion was made by Councilman Gage seconded by Councilman Kloecker that the followina Consent Calendar items be approved by the following Roll Call Vote: Ayes: Councii Member~: Gage, Kloecker, Mussallem, Pate, Valdez and Hughan. ~sent: Council Member: Albert. Approved the Minutes of the ReqularCouncil 0eeting of July 2, 1984; Denied Personal Injury Claims of Joseph and Michael Duran; Denied a Property Damage Claim of Alfred Bertaud; Denied a Personal Injur:~; Claim of Soledad Lopez; and Approved the Minutes of the Joint Gilroy/Moraan Hill Special Council Meeting of July 9, 1984. The Mayor st:ated that it \\Tas the time and place scheduled for a Public Hearing to consider a rezoning request from Rl (Single- Family Residential) District to RI PUD (Single Family Residential Planned Unit Development Combining) District located at 9055 Santa 'I'eresa Boulevard, NQ]~th of Mantelli Drive, 'I'ony Lerma and city of Gilroy, applicants. Planning Director Dorn presented and explained the Staff Report. The Mayor asJredif there \vas anyone in the audience wishing to speak on the matter. There was nocorrunent from anyone in the audience. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried 1:hatthe Public Hearing 'be closed. Motion was made by Councilman. Gage seconded by Councilman Mussallem and carried that the reading of a proposed ordinance be "aived -and that 5_t ,be introduced. and published by title and summary approving the requested rezoning. The Mayor stated that it ",as the ti:ne and place scheduled for a Public Hearing to consider a pre zoning request to RI (Single Family Residential) District and:)S (Open Space) District on property located at 475 Thomas Road, north of Santa Teresa Boulevard, First Assembly of God of Gilroy, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyane present in the audience wishing to speak on t~le l1'atter. There' was no cO!'.l.'Tlent from anyone in the audience.. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the reading of a proposed ordinance be waived and that it be introduced and published. by title and summary approving the requested prezoning, to include the mitiqating measures recommended by Staff. 5036 Hearing re: Input-Long- term STP Project Pub. The Mayor stated that it was the time and place scheduled for the Hearing for public input regarding Gilroy/Morgan Hill Long- term Sewer Treatment Project. She invited anyone in the audience wishing to speak on the matter to come forward. Mr. Paul Barrish, Las Animas Technology Park, representing the Economic Development Committee of the Chamber of Commerce, ad- dressed the Council endorsing the recommendation of the Citizens' Advisory Sewer Committee. Mr. David Runyon, Morgan'Hill'resideht, addressed the Council noting preference to the Ocean Discharge Alternative and recommended that the City take a position as soon as possible for a proposal that would not be on a regional basis, but for the Cities of Gilroy and Morgan Hill. ..... - Mr. Bruce Sweeney, 6380 Hyde Park Drive, addressed the Coun- cil endorsing the recommendation of the Citizens' Advisory Sewer Committee. He further"requested adequate' planning for that portion of the pipeline through the San Andreas Faultline. City Adminis- trator Baksa noted that this was considered and that construction design is planned to go over the fault. Mr. Gary Silacci, Gavilan Business Park, addressed the Coun- cil favoring the Ocean Discharge Alternative. Mr. Ted Ringel, Silicon Valley Corporation, addressed the Council requesting the City to take positive action and made it de- cision to advise the business community that there is a positive attitude. ,. Mr. Allen Greco, President of the Gilroy Chamber of Commerce, addressed the Council offering the Chamber's services to convince the Regional Water Quality Control Board of the long-term plan de- sired. Councilman Valdez invited the Chamber.to the September 21, 1984, Hearing before the Regional Water Quality Control Board, scheduled to be in Santa Barbara. ..... ~ Mr. Leon O'Dell, 760 Carignane, volunteer and developer of the First Assembly of God of Gilroy, addressed the Council request- ing the City to proceed on a decision that will benefit the entire community in general. Mayor Hughan noted that the Councils did not make a decision to date in order to allow public input from both the Cities of Gil- roy and Morgan Hill. Mr. Tony Lerma, 9055 Morey Avenue, addressed the Council and noted that there are not many in the audience to speak to this issue because most of the public input was made at the Citizens' Advisory Sewer Committee Meetings. Motion was made by Councilman Gage seconded by Councilman Mus- sallem and carried that the 'Hearing be closed. Councilman Gage noted that the matter of increased capacity, lifting of the moratorium and the ceaSe and des"ist order would be addressed at the September 21, 1984, Public Hearing in Santa Barbara before the Regional Water Quality Control Board. City Administrator Baksa noted that the Board would reserve judgement on the Long-term Sewer Treatment Project until the EIR documents are received. .... - The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Parade-Olympic Torch Runner Mr. Lloyd Banks, Committee Member of the Chamber of Commerce, addressed the Council requesting permission to sponsor a parade on July 17, 1984, to precede the Olympic Torch Runner through Gilroy, scheduled for 11:19 a.m. He noted that he had received 17 entries and approval from Cal-Trans this afternoon for the parade to pro- ceed at St. Mary's Church on First Street to Wren Avenue. He fur- thur noted that any costs incurred and not paid for by the Chamber, r ... ... -- ... Portable Classrooms MADD - ... 5037 that he would personally assume all costs involved. City Admihi~t~ator Baksanoted that the parade permit was denied since it did not meet the City Code requirements for a 10-day minimum in filing application for same. Police Chief Cowart noted that the State verbally approved the parade, subject to the City's approval; that this is an appeal on the City Staff's denial of s3,id permit. He further noted that the Olympic Committee had received approval approximately four months ago to run the torch through Gil~oy; that a parade would require 901ice parks and recrea- tion and public works additional manpower. He noted that the Olympic Committee does not want obstructions that would hamper the runner and that, at this short notice, it would be difficult to schedule a parade particularly in front of the runner. Mr. Banks noted that the parade could begin at 10:30 a.m. and would be off the street in time for the torch runner; that if the parade was in progress on arrival of the runner, he would take full responsi- bility to move the parade off the street. He further noted that he would be willing to have the parade follow the runner to comply with City requirements. Further discussion was had by Council on the matter. Discussion was had regarding a possible assembly welcoming group locating at the empty lot adjacent to MCDonald's Restaurant rather than a parade. Motion was made by Councilman Mussallem seconded by Councilman Gage and: carried by the follovling Roll Call Vote to support the City Ad- mini.strator's decision to deny the parade permit and deny the appeal of Mr. Danks. Ayes: Council Me;rt:-ers: Sage, Hussallem, Pate, Valdez and Hughan. Noes: Conncil'.'1ember: Kloecker. Absent: Council '1ember: Albert. Motion was made by Councilman Valdez seconded by Councilman Pate and carried that the City support and qive full cooperation to the wel- coming group for the OlYEIPic Torch Eunner to include mannOVler costs in- curred, if any. City Administrator Baksa noted that normally Staff could handle this type of request with sufficient notice. A letter from Steelgard, Inc. was noted inviting interested Council members to view a demonstration of portable classrooms in Lathrop, Calif. Councilman Valdez publicly apologi.'<:ed to Steelgard, Inc., noting no intention made- to single out this particula.r conpany and, in his opinion, this type of classroom is still portable; that the School District would be the deciding factor. A letter W3.S noted fron Santa Clara County Chapter of Mothers Aaainst Drunk Drivers (~iADD) requesting the City to support their position prohibiting the sale of alcoholic beverages at qasoline service stations. Discussion was had on the matter. Motion \'las 'JIade hy Councilman Gage seconded by Councilman Valdez and carried that Staff prepare a recom- mendation on the best way to prohibit these sales at gasoline service stations for Council consideration. The following informational items were noted with separate discussion on Item No.3: Planning Staff Actions, 6-28-84; Transcript of a speec1:1 given by "Avoid t.he 13" Campaign Chairman, Police Chief Cowart; and Senator Mello re: Analysis of ACA 52 (Johnson) omd Jarvis IV Ini- tiative. Councilman Mussallem noted that he and Councilnan Kloecker recently attended a League Conference for ne..l councilpersons c.nd that a major topic was the Jarvis Initiative issue and he recommends a Council Study Session to better inform Council on this major issue to better inform the public,etc. 5038 The Mayor noted that a Study Session would be scheduled for same and it was further noted that the Chamber of Commerce should be contacted and become aware of the impacts of this measure, if passed. Plan. Com. Report The Report of the Planning Commission Meeting of July 5, 7-5-84 1984, was noted. TM 80-2 & TM 82-1' Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that TM-80-2 and TM 82-1, Tentative Map exten- sion requests, be approved as recommended. .... Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 6-12-84 June 12, 1984, were noted. Personnel Com. 7-9-84 Acct. Clerks I & II Haz. Mat. Spec. Gil/M.H. Jt. Study Annual League Conf.-Anaheim 2nd Qtr. Reports Intro. Ord. re: Stop Signs Income Limits Rancho Real- ROO Extn. ...... The, Report of the Personnel Commission Meeting of July 9, 1984, was noted. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the job descriptions and salary ranges for Account Clerks I (Range 24.5) and II (Range 25.5) be approved as recommended. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the job description and salary range for Hazardous Materials Specialist be approved as recommended. City Administrator Baksa noted a tentative date for Gilroy and Morgan Hill city Council Dinner September 11, 1984, if agreeable with Morgan Hill. Council concurred. City Administrator Baksa noted that he would confirm this date with Morgan Hill and advise Council of the particulars. City Administrator Baksa requested Council confirmation for reservations to the League of California Cities Annual Conference in Anaheim. Mayor Hughan, Councilmembers Mussallem and Pate, and Com- missioner Edde requested reservations to same. .... Iht,,,,,,. City Administrator Baksa noted that those Councilmembers attending the Public Hearing in Santa Barbara on Septembet 21 may want to proceed to the Le~gue Conf~~~~ce in Anaheim, September 23, 1984. City Administrator Baksa dis.tributed copIes of the Second Quarterly Report and requested Council contact him if there are any questions. City Administrator Baksa presented a recommendation to amend Sections 15.40 and 15.106 of the City Code pertaining to stop signs to conform to State law. Motion was made by Councilman Pate sec- onded by Councilman Gage and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary as presented. An Income Limits Report per Council requept was noted for reference use. The Mayor noted the request of Rancho Real for ROO Extension continued from the June 18, 1984, regular Council Meeting. .... ...."",,oM A letter from W. J. Hanna regarding time extension requests - ROO units in the northwest quad was noted. A letter from John M. Filice re: the Residential Development Ordinance was noted. Planning Director Dorn presented and explained the Staff Report. City Administrator Baksa distributed a Status Chart and Interim Drainage Project report. .... I - .-- ... 5039 Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Staff prepare recommendations. on ~ Zoning Ordinance Amend- ment to Section 50.60 changing the ROO structure as noted in the Staff Report for Council consideratiop. It was noted,tha1; this would require public hearings before the Planning-Commission and Council for said Zoning Ordinance change. Mr. Mike Sheehy, representing Arcadia and Citation Builders, ad- dressed the Council requesting that the RDO extension requests not be granted. He noted that Ruth & Going would also be willing to work with Staff on review of the Residential Development Ordinance proposed amendments. Mr. W. J. Hanna, addressed the Council and further re-emphasized developers in the northwest quad have proceeded in good faith, requesting that all participants in the Interim Drainage Project be granted ROO ex- tensions. Mr. Ted Ringel addressed the Council and noted that, in principle, he is opposed to ROO extensions; however, can support the request of developers participating in the Interim Drainage Project for extension of ROO's. Motion was made by Conl'1cilroali. Gage secbnde(j by Councilman Valdez and carried that all e}dstinq buildouts under the Residential Development Ordinance which would have expired on December 31" 1983, and December 31, 1984, be granted an extension to December 31, 1985. Mr. Ted Ringel addressed the Council and invited Council and Staff on his private plane to -::he Regional ~'7ateJ~ Quality Control Board Hearing on September 21 at Santa Barbara. Councilman. Hussallem notecl 'chat letters and teleyhone calls to the Board from Mr. Ringel's business and other businesses would be welcome. Mr. Ringel further offered his company's engineering services for technical assistance to the City for presentation to the Regional Water Quality Control Board. Emerg. Disaster Councilman Gage'noted that the Council needs to review the County's Manual Emergency Disaster Manual for action on same; copies forthcoming. .... .... MuH-Family Unit Sewer Rates Councilman Gage noted a meeting with the industries on July 18 at 3:00 p.m. at city Hall regarding the Ag Budget Councilman, Valdez noted a recent meeting of the Xconomic Development Committee jointly meeting with Morgan Hill's Committee and noted their availability to provide service to both communities collectively and to continue these joint meetings and proposed future workshops. City Administrator Baksa noted an informa~ion memo forthcoming for Council review from an Industrial Conference he and Councilman Valdez attended. Councilman Mussallem noted that he and Councilman Kloecker will provide information for Council review from the League Conference they recently attended for new councilmembers. Mayor Hughan noted that she was recently elected President of the Inter-City Council. She noted that Supervisor Diridon recently appointed her as representative of the Bay Area Water Quality Management District on ABAG's Regional Planning Committee. Councilman Valdez noted that there will be vacancies on the Regional Water Quality Control Board for possible local appointments to said Board. City Administrator Baksa requested Council direction regarding multi- family unit's sewer rates for auxiliary uses. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the laundry, swimming pool and commercial sewer rates be included within the per unit rate charges for multiple dwellings (will be charged single family rate), to become effective at the earliest possible date. 1 5040 Adjournment '. The Mayor noted the City Administrator's one 'year anniver- sary with the City. At 10:20 p.m., the M~yor adjourned the meeting to 7:00 0' clock p.m., on July 23, 1984, f?r a Special JOlnt Gilroy/Morgan Hill Council Meetingre: Long~term;Sewer Treatment Project Plan. Respectfullysub~itted, ~..,. .' " . .- 'lMJ~" '.~~ .. Ci~ferk~