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Minutes 1984/11/05 Roll Call 5075 November 5, 1984 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:03 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. 5076 Intro. Admin. Intern Consent Calendar Minutes Girl Scout Solicitation MOU-GPOA Claim-Flores, Denis Minutes Res. #84-72 re: Speed Limits Acceptance of Improvements Bids re: Hydro- seeding-Gavi- Ian Sports Complex The Mayor introduced Miss Sandra Carr, Administrative Intern, noting that she is the granddaughter of the late Graydon B. Carr, City Administrator. Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be ap- proved by the following Roll Call Vote: (The Mayor asked if there was anyone in the audience wishing to speak on the Resolution ap- proving speed limits which could be removed from the Consent Calendar for separate discussion. There was no comment from anyone in the audience.) Ayes: Council Members: Albert, Gage, Kloecker, Mussal- lem, Pate, Valdez and Hughan: I!'~ Approved the Minutes of the Regular Council Meeting of October 15, 1984; - Approved the request of the Girl Scouts of Santa Clara County for waiver of a municipal business license for their annual Cookie Sale; Approved the Supplemental Memorandum of Understanding re: GPOA Clerical Personnel, as presented; Denied a claim of Albino A. Flores and Gloria Denis as recom- mended; Approved the Minutes of the Special Council Meeting of Octo- ber 19, 1984; Adopted Resolution No. 84-72 approving speed limits. RESOLUTION NO. 84-72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING PRIMA FACIE SPEED LIMITS ON CITY STREETS. PASSED l\ND ADOPTED this 5th day of November, 1984, by the following vote: AYES: 11"-;"'. - COUNCIL MEMBERS: MUSSLALEM, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, VALDEZ and HUGHAN NONE NONE; and Accepted the following improvements: I) Princevalle Town- houses, Tract No. 6257; 2) Brem Lane; 3) Oak Tree Corner, Tract No. 7450; and 4) Royal Pools - Leavesley Road, as recommended. city Administrator Baksa presented a recommendation to award a bid of Tri-County Hydro-seeding in the amount of $5,320.00 for hydro-seeding at Gavilan Sports Complex. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the bid of Tri-County Hydroseeding be awarded in the amount of $5,320.00 as recommended for the hydro-seeding at Gavilan Sports Complex. pub.Hearing re: The Mayor stated that it was the time and place scheduled for School Im- the Public Hearing to consider School Impaction requested by the paction Gilroy Unified School District. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Kenneth Noonan, Superintendent of Schools, addressed the Council and further explained the request to declare the school im- paction and levy the same fees that applied in 1983-84. Discussion was had by Council on the matter. 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 Gage and carried that the Public Hearing be closed. Res. #84-73 -- -- pub.Hearing Rezoning-J. Hardwick - -- Public Hear. Zoning Ord. Text Amend- ments - - 5077 Motion was made by Councilman Valdez seconded by Councilwoman Albert that the reading of Resolution No. 84-73 be waived and that it be adopted declaring school impaction as recommended. RESOLUTION NO. 84-73 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF THE GILROY UNIFIED SCHOOL DISTRICT TO BE IMPACTED AND DETERMINING FEES TO BE PAID. PASSED AND ADOPTED this 5th day of November, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor explained the Council action to the government students in the audience. re: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a rezoning request from PO (Professional Office) District to CI (Neighborhood Commercial) District on property located at the southeast side of First and Hanna Streets, James N. Hardwick, appli- cant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. James N. Hardwick, applicant and property owner, addressed the Council and further explained his request. An unidentified person in the audience, neighbor of the applicant/ property owner, inquired about the use of the property if the rezoning is approved, and same was further explained by Planning Director Dorn. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the reading of the proposed ordinance rezoning the property be waived and that it be introduced and published by title and summary . re: The Mayor stated that it was the time and place scheduled for the Public Hearing to consider various Zoning Ordinance Text Amendments, City of Gilroy, applicant. Planning Director Dorn presented and explained the Staff Report noting Council recommendation following the Study Session to eliminate the Use Permit for storage of hazardous materials in the MI Zone which is included, as well as the change suggested clarifying the landscaping requirements in the C3 Zone requiring a minimum of ten feet in the front yeard. He further noted that the Planning Commission recommended a change in wording to allow sale of alcoholic beverages at gasoline service sta- tions through a conditional use permit only, to be granted by the Planning commission. He further noted discussion of, by the Planning Commission, the two 'sections pertaining to use permits required for certain indus- trial uses both in the MI and M2 Zones, recommended by the Commission to allow same without a Use Permit. He further noted changes incorporating the Historic Heritage Committee and formation thereof into the Zoning Ordinance to conform to the requirements for the tax exemptions for in- vestors of historic properties. He noted procedural changes in the Residential Development Ordinance regarding expiration dates. Discussion was had by Council on the matter, further explained by the Planning Director. The Mayor noted receipt of the following letters: I) & 2) Gilroy Chamber of Commerce - Economic Development Committee, 10/3/84 and 10/17/84 regarding Hazardous Materials Ordinance; 3) Citation Homes re: Residential 5078 Development Ordinance; and 5) Santa Clara County Medical Society re: Sale of Alcoholic Beverages. City Administrator Baksa noted receipt of a letter from Mr. James N. Hardwick, re: Sale of Alcoholic Beverages and control thereof. The Mayor asked if there was anyone in the audience wishing to speak on the proposed Ordinance Change No.1 (Sec. 18.30). Mr. Jim Maya, teacher at Gilroy High School, addressed the Council in favor of prohibiting alcoholic beverage sales at gaso- line service stations and the recommended wording of said change. He noted that he is a Gilroy parent, teacher of National Traffic Safety Institute (NTSI) and conducts classes for juvenile and adult offenders. He further noted that he is also the sponsor of Students Against Drinking and Driving. -- .~ MS. Patrick. Hogan, Gilroy High School student and member of Students Against Drinking and Driving, addressed the Council repre- senting 50-60 students recommending prohibiting sale of alcoholic beverages at gasoline service stations. Ms. Joyce SMurthwaite, member of Students Against Drinking and Driving, addressed the Council and recommended prohibiting sale of alcoholic beverages at gasoline service stations. Ms. Michelle Green, President of Gilroy Students Against Drinking and Driving Chapter, addressed the Council and recommended prohibiting sale of alcoholic beverages at gasoline service stations. Mr. Matt Walters addressed the Council in favor of the pro- posal to prohibit sale of alcoholic beverages at gasoline service stations and noted recent personal tragedies that occurred because of drinking and driving. Mr. James Hardwick, owner of the property at First and Hanna Streets, addressed the Council and noted that he is proposing a "con- venience stor" of food products, beer and wine, etc. and recommended the City use the conditional use permit approach for sale of alco- holic beverages at gasoline service stations. He further noted that he has been working on his specific project for a convenience store at First and Hanna Streets for over two and one-half years and that the delay of completion of his project was due to funding. -- .....'. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Ms. Donna Avina, Gilroy Task Force Against Alcohol Abuse, addressed the Council opposed to the conditional use permit approach for this ordinance change. Planning Commissioner Palmerlee addressed the Council and noted that he was absent at the November I, 1984, Planning Commis- sion Meeting, however, opposed the conditional use permit approach because of the difficulty of the Planning Commissioners to decide whether or not a specific conditional use permit should or should not be granted in the area of sale of alcoholic beverages. He recom- mended prohibiting all sales of alcoholic beverages at .gasoline ser- vice stations or make no change in the ordinance. ...... The Mayor noted Ordinance Change No.2 (Sec. 19.30) and asked if there was anyone in the audience wishing to speak on same. There were no comments or objections. "",,-Niiii The Mayor noted Ordinance Changes No. 3 and 4 re: Hazardous Materials Storage Permits, removing same from the Hazardous Materials Ordinance. She asked if there was anyone in the audience wishing to speak on the matter. Mr. Dennis Bates, Economic Development Committee and Vice Presi- dent of Las Animas Technology Park, addressed the Council thanking the City for allowing their input at the Study Session regarding both pro- posed changes and noted that they are in favor of both changes. - - - -- - - Thomas Rd. Re- org. 84-3 Res. #84-74 5079 The Mayor noted Ordinance Changes No. 5 through and including No. 19 and asked if there was anyone in the audience wishing to speak. There were no cormnents nor objections from anyone in the audience. The Mayor noted Ordinance Changes No. 20 and 21. Discussion was had regarding said proposed'changes relating to the Residential Develop- ment Ordinance. Councilman Gage requested a Study Session review of the entire ~esidential Development Ordinance prior to acting upon Ordinance Changes Nos. 20 and 21. 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. Discussion was had by Council on hospital parking and new sub- divisions adjacent to thoroughfares. The City Attorney noted that in regard to proposed Ordinance Change No. I pertaining to sale of alcoholic beverages at gasoline service stations that it would be difficult to sustain a city ordinance prohibiting the sale of alcoholic beverages anywhere because the State has preempted control of alcoholic beverages; zoning regulations have been permitted by the courts of constitutionally protected activities. He further noted that any attempt to regulate the sale of alcoholic beverages should relate to a zoning matter and be sustained as a zoning matter and not as a flat prohibition to prevent legal problems. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Plmlic Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Kloecker that the Planning Commis- sion's recommendation regarding Ordinance Change No. I be approved re- quiring a conditional use permit for sale of alcoholic beverages at gasoline stations. Motion died for lack of a second. Motion was made by Councilwoman Albert seconded by Councilman Mussallem and carried that the sale of alcoholic beverages be prohibited at gasoline service stations. Councilmembers Kloecker and Pate voted "no" on the motion. Council had no objection to Ordinance Changes No. 2 through and including No. 19, as presented. Motion was made by Councilr:lan Gage seconded by Councilman Mussal- lem and not carried that no action be taken on O~dinance changes No. 20 and 21 at this time. Councilmembers: Albert, Pate, Valdez and Hughan voted "no" on the motion. Motion failed. Motion was made by Councilwoman Albert seconded by Councilman Kloecker and carried that the reading of the proposed ordinance including all ordinance changes approving the various text amendments to the Zoning Ordinance as recommended by Staff be waived, introduced and pub- lished by title and summary. Motion was made by Councilman Gage seconded by Councilman Pate and carried that a Study Session be scheduled for January 14, 1985, at 7:00 p.m. to consider revision of the Residential Development Ordinance and that the public be invited for input on the matter. The Mayor noted receipt of a petition from the First Assembly of God of Gilroy, Inc. requesting approval of Reorganization of Uninhabited Territory known as "Thomas Road Reorganization 84-3" of the City of Gilroy containing 8.356 acres, located on the west side of Thomas Road between Santa Teresa Boulevard and Uvas Creek, 100% consent, approved by LAFCO October 10, 1984. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolui:ion No. 84-74 be waived and that it be adopted approving reorganization of said territory. 5030 Plan. Com. 1l/1/84 Jt. Powers Sewer Adv. Com. P & R Com. 10/16/84 RESOLUTION NO. 84-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARl\ COUNTY LOCAL AGENCY FORMl\TION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANI- ZATION ACT OF 1965 DESIGNATED AS THOMAS ROAD REORGANIZATION 84-3 OF THE CITY OF GILROY. PASSED AND ADOPTED this 5th day of November, 1984, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE -- - The following informational items were noted with no separate discussion on same: Report of Hearing before Board of Supervisors re: Toxic Con- tamination in Air and Water Supplies; Gilroy Chamber of Commerce contribution for Fireworks Display; California Regional Water Quality Control Board - Central Coast Region re: Regional Board Policy concerning proliferation of wastewater systems near Gilroy; and Planning Staff Action, dated October 25, 1984. The Report of the Planning Commission Meeting of November I, 1984, was noted. The Minutes of the Joint Powers Sewer Advisory Committee Meetings of October 2 and 16, 1984, were noted. The Minutes of the Parks and Recreation Commission Meeting of October 16, 1984, and the Minutes of the Senior Citizens' Advi- sory Committee Meeting of September 1984 were noted. - . ",oii4.it Staff Training City Administrator Baksa noted Staff Training Sessions sche- duled and Department Head Retreat scheduled for December 7, 1984, noting that they would be out of the City offices on that date. Sewer Allo- cation City Administrator Baksa noted that the Council needs to establish a firm policy when the issue of sewer allocation occurs. The Mayor noted that a Study Session would be scheduled for Council consideration of same. N/W Quad Annexa- City Administrator Baksa presented a map of the Northwest tions Quad noting that some unincorporated islands would occur when the Gilroy Unified School District annexes property for the Kern Avenue School site and inquired if Staff should attempt to initiate annexa- tion of these specific properties. Planning Director Dorn further explained the matter. Discussion was had by Council. RWQCB Hearing 11/9/84 Sewer Adv. Commi ttee Motion was made by Councilman Gage seconded by Councilman Val- dez and carried that Staff be directed to proceed with annexation of the properties on the east side of Kern Avenue as recommended. Coun- cilwoman Albert voted "no" on the motion. ... City Administrator Baksa noted the Regional Water Quality Control Board hearing scheduled for November 9, 1984, and Gilroy's revision of Waste Discharge requirements and revision of Cease and Desist Order proposed for approximately 9:30-10:00 a.m. at the Sea- side City Council Chambers. ..,,,,,,,..4Ili Councilman Gage gave a progress report of the Sewer Plant operations specifically in regard to the aerators. He noted the Joint Powers SEwer Advisory Committee Meeting scheduled for November 6, 1984, at 8:00 a.m. to discuss a plan of action for the Regional Water Quality Control Board hearing of November 9, 1984. 508.1 HCD Councilwoman Albert noted that the process will begin to receive applications for Housing and Community Block Grant Funds and that she will be meeting with HCD Grant Coordinator Ford regarding same. Councilman Valdez noted that the City's share of CDBG Funds have been allocated to City projects. Councilman Valdez gave a report of the cost factor of the Leaves- ley-Murray Signalization, noting that Cal-Trans has indicated the project to be $46,000.00; noting that the City budgeted approximately $70,000 for said project. ...., ... Mayor Hughan noted that election of a Mayor Protempore will be agendized for the November 19, 1984, Council Meeting. Res. #84-75 re: Historic Sur- zation vey Grant City Administrator Baksa presented a recommendation for authori- to file a Historic Resources Survey Grant. Motion was made by Councilman Valdez seconded by Councilwoman Albert that the reading of Resolution No. 84-75 be waived and that it be adopted authorizing filing.of a Historic Resources Survey Grant applica- tion as recommended. RESOLUTION NO. 84-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY, CALIFORNIA, AP- PROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVA~ TION GRANTS-IN-AID FUNDS FOR THE CITY OF GILROY HISTORIC SURVEY PROJECT. PASSED AND ADOPTED this 5th day of November, 1984, by the following vote: AYES: COUNCIL MEMBERS: AI~ERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: -- Sewer Plant EIR City Administrator Baksa presented a recommendation to select Attorney Andrew Faber and Linda Cullon of Berliner, Cohen and Biagini, San Jose, for the Sewer Plant EIR Attorney contingent upon approval of same by the Joint Powers Seuer Advisory Committee. .. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Andrew Faber and Linda Cullon of Berliner, Cohen and Biagini, San Jose, be selected for the Sewer Plant EIR Attorney, con- tingent upon approval by the Joint Powers Sewer Advisory Committee as recommended. Jt. M.H./Gil. Study Session The Mayor noted the Joint Gilroy/Morgan Hill City Council Study Session, November 13, 1984, at 6:00 p.m. at the China Best Restaurant in Morgan Hill. The Mayor noted the Inter-City Council Meeting November 8, 1984, in Los Gatos, Host City - Monte Sereno. Adjournment At 10: 10 p.m., t;he Hayor adjourned the meeting to a continued Closed Session regardin~ Litigation. At 11:45 p.m., the Mayor reconvened the meeting and further adjourned. - Respectfully submitted, -- ~r-Jcif~l/9-