Minutes 1986/04/07
~)254
Roll Call
Intro. New
Employee
Sr. Bingo
Committee
Tree City,
USA
Consent
Calendar
Minutes
Claim
Claim
Claim
Dev. Agree.
Enter-
prises
Downtown
Action Com.
Sr. Center
Architect
Equip-Fire
Dept.
April 7, 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the
'Flag.
Present: Councilmembers: 'Sharon A. Albert, Donald F.
Gage, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee,
Pete Valdez, ~r.. .andRoberta H.Hughan.(8:00 p.m.).
The Mayor introduced John Sheedy, Police Officer.
...
The Senior Center Bingo Committee presented Council
with Bingo Committee hats and invited them to a luncheon
barbeque June 1, 1986, at Las Animas Park, spouses included.
.....
Mr. Don Collins, Department of Forestry, Morgan Hill,
presented the Mayor with a flag and plaque to the City for
Tree City USA, 7th year.
Motion was made by Councilman Gage seconded by
'Councilman Kloeckerthat the following items under the
Consent Calendar be approved by the following Roll Call Vote,
noting a correction in Item A. Ayes: Councilmembers:
Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and
Hughan.
Approved the Minutes of the Regular Council Meeting
of March 17, 1986 to include a correction on Page 6, re: Ed
Zschau (instead of Ted Schaal) Fund Raiser;
Denied a claim of Mantz, Miller, Mori and Warfield as
recommended;
Denied a property damage claim of Bob Lynch Ford as
recommended;
.....
Denied a claim of Farmers Insurance Group re:
Subrogation Rights; and
.....
Approved a Development Agreement with Malta
Enterprises Pension and Profit Sharing Plan as recommended.
Noted a recommendation to hire Lora Lucero as
consultant to the Downtown Action Committee. Motion was made
by Councilman Palmerlee seconded by Councilwoman Albert and
carried that Lora Lucero be hired as consultant to the
Downtown Action Committee as recommended.
Noted a recommendation to hire E.H. Duerr, architect,
for the Senior Center Project. Motion was made by Councilman
Gage seconded by Councilman Mussallem and carried that Mr. E.
H. Duerr be hired as architect for the Senior Center Project
as recommended.
Noted report on bids received for purchase of a
utility vehicle for the Fire Department from the State
Department of General Services in the amount of $13,808.21.
....
City Administrator Baksa presented and explained a
letter from Bob Lynch Ford, Inc., noting that a bid guarantee __
bond was not required from the State and the price concession
from the manufacturer was available to his company, as well
as the State and same would apply to his bid.
Motion was made by Couincilman Kloecker seconded by
Councilman Palmer lee and carried that the bid of the State
Department of General Services in the amount of $13,808.21 be
awarded as recommended for the utility vehicle for the Fire
Department.
Pub. Hear. re:
GPA-
V.Marquez
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....
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Pub.Hear.re:
TM-W.J.
Hanna
Pub. Hear. re:
Zon.Ord.Text
Changes
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5255
City Administrator Baksa noted that costs to obtain
equipment could be added to the bid if Council decided to
change their policy for purchasing future procurements.
Council requested that Staff prepare a proposal for future
purchases for their consideration at a later date.
The Mayor stated that it was the time and place for a
continued public hearing to consider a General Plan Amendment
request of Victor Marquez from Industrial Park to Visitor
Serving Commercial located north of Leavesley Road and east
of San Ysidro Avenue on approximately 2 acres.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience
wishing to speak on the proposal.
Mr. Geary Coatst representing the applicantt
addressed the Council requesting modification that if the
Hospital Project proceeds before this property is developed
and street required by the Hospitalt they be the dedicator of
the land required.
The Mayor asked if there was anyone further in the
audience wishing to speak on the matter. There was no
further comment from anyone in the audiencet and the Mayor
closed the Public Hearing.
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried that the General Plan
Amendment requested be approved.
It was noted that a resolution would be adopted to
include all the General Plan Amendment requests following all
of the Public Hearings.
The Mayor stated that it was the time and place
scheduled for the continued Public Hearing to consider a
Tentative Map request of W. J. Hanna for a Residential
Subdivision of 91 lots on property located between Mantelli
Drive on the north and Hecker Pass Highway on the southt west
of Welburn Avenuet on approximately 94 acres zoned RH
(Residential Hillside) District.
A letter from the applicant was noted requesting
continuance of the Public Hearing for 90 days.
Motion was made by Councilman Gage seconded by
Councilman Palmerlee and carried that the Public Hearing be
further continued to July 7t 1986t requested by the
applicant.
The Mayor stated that it was the time and place
scheduled to consider various Zoning Ordinance Text changes
pertaining to the Industrial Use Tablet Regulations of Dish
Antennas and Abandonment of projectst City of GilroYt
applicant.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience
wishing to speak on the proposed changes.
Mr. Leon O'Dell addressed the Council requesting that
the text provide for roof type monitoring of smaller dish
antennas. The City Attorney noted that the variance
provision of the Zoning Ordinance would provide for same.
r: 2 5 "
":'J_ h
Pub.Hear. re:
RDO Numeri-
cal Limits
Res. 1186-21
Pub. Hear. re:
Housing Ele-
ment Update
GPA 84-2
The Mayor asked if the was anyone further in the
audience wishing to speak on the matter. There was no
further comment from anyone in the audience, and the Mayor
closed the Public Hearing.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that an ordinance be
introduced and published by title and summary approving the
Zoning Ordinance Text Changes recommended by Staff.
Councilman Gage voted "no" on the motion.
The Mayor stated that it was the time and place
scheduled for a Public Hearing to establish numerical limits
of dwelling units to be permitted under the requirements of
the RDO for 1987, 1988 and 1989.
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.......
The Staff Report was noted and further explained by
Associate Planner Myer.
The Mayor presented a letter from the Building
Industry Association requesting Council to consider to
transfer allocations not used by commercial and industrial to
the residential sector.
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 Gage seconded by
Councilman Kloecker that the reading of Resolution No. 86-21
be waived and that it be adopted establishing numerical
limits to be permitted under the requirements of the RDO for
1987, 1988 and 1989.
RESOLUTION NO. 86-21
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING
NUMERICAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED
BUILDING PERMITS FOR EACH OF THE YEARS, 1987, 1988^and 1989.
PASSED AND ADOPTED this 7th day of April, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
......
~'.
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALERMLEE, VALDEZ and HUGHAN
NONE
NONE
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place
scheduled for the Public Hearing to consider a General Plan
Amendment request for the Housing Element Update initiated
by the City (GPA 84-2).
The Staff Report was noted and further explained by
Associate Planner Myer.
Ms. Melonie Freitas, consultant, further explained
the recommendation for the Housing Element Update.
The Mayor asked if there was anyone in the audience
wishing to speak on the proposal.
Ms. Marie Juncker, South County Housing, addressed
the Council requesting fee waiver clause to allow sewer
capacity lost by developers be transferred to residential
housing.
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t;,'",ijif
Ms. Donni Grotte, Tri-County Apartment Association,
addressed the Council, noting concern of the process only
dealing with resale. She requested consideration of
maintenance and code check on a rotating basis and further
noted that they would be willing to work with the CIty on an
on-going program.
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Pub. Hear. re:
GPA-Gilroy
Foods,etc.
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Pub.Hear.re:
GPA Gen. Ind.
to Gen.Serv.
Com. GPA 86-1
.......
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5257
Heard from Staff Attorney with California Rural Legal
Assistance commenting on the homeless special needs. He
further noted that the technical appendix does not indicate
how many shelters are filled to capacity.
The Mayor asked if there was anyone further in the
audience wishing to speak on the matter. There was no
further comment from anyone in the audience and the Mayor
closed the Public Hearing.
Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and carried that action on the General
plan Amendment Housing Element Update be continued to the
next regular Council Meeting to allow a Study Session on same
at 7:00 p.m., prior to said meeting.
The Mayor stated that it was the time and place
scheduled for a Public Hearing to consider a General Plan
Amendment request for inclusion in the 20 Year Area to
General Industrial on property located south of Pacheco Pass
Highway (152) and east of Highway 101 on approximately 286.3
acres, Gilroy Foods, Inc., Glen Lorna Corp. and Norton Farms,
applicants.
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone in the audience
wishing to speak on the proposal.
Mr. John Filice, 259 Filice Drive, representing Glen
Lorna and Norton Farms, addressed the Council noting general
concurrence with the Planning Commission and Staff
recommendations; requesting additional access into the
facilities.
Mr. Bill Workman, Gilroy Foods, addressed the Council
noting concurrence with Staff's recommendation and urging
inclusion in the 20 Year Area.
Mr. Jim Stein, Gentry, addressed the Council
recommending continuance for 60 days.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that certification of the EIR
and Public Hearing on the General Plan Amendment be continued
to the April 21, 1986 regular Coiuncil Meeting.
The Mayor stated that it was the time and place
scheduled for a Public Hearing to consider a General Plan
Amendment request from General Industrial to General Services
Commercial, initiated by the City (GPA 86-1).
The Staff Report was noted and further explained by
Planning Director Dorn.
The Mayor asked if there was anyone
audience wishing to speak on the proposal.
comment from anyone in the audience and the
Public Hearing.
present in the
There was no
Mayor closed the
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker and carried that a Negative Declaration
be issued and the General Plan Amendment be approved as
recommended. It was noted that a resolution would be adopted
to include all General Plan Amendments.
Motion was made by Councilman Gage seconded by
Councilman Kloecker and carried that formal action on the
General Plan Amendment request of Victor Marquez and General
Plan Amendment request from General Industrial to General
Services Commercial (GPA 86-1) be continued to the next
regular Council Meeting of April 21, 1986, to allow adoption
of one General Plan Amendment resolution.
525B
MH Eng./
Rancho Real
Recess
So.Co.Jt.
Plan. Adv.
Com. re:
Land Use
Policies
Tenth St.
Median
Policy
The Mayor asked if there was anyone present in the
audience wishing to speak on any matter not on the agenda.
Ms. Kathy Haney, 6429 Baron Place, addressed the
Council and inquired about short-term measures taken in
regard to the flooding south of Tenth Street.
The Mayor and Councilmembers gave a brief report on
action being taken by the City for long-term measures noting
that the flooding south of Tenth Street cannot be completely
corrected on a short-term basis and that the Disaster Council
is working on more effective disaster preparedness.
The Mayor deviated from the regular agenda in order
to accommocate interested persons in the audience.
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The book, "Harvest of Change," an illustrated History
of Santa Clara County, was further explained by Mr. Will Lee,
assisting the Santa Clara County Historical Commission in
producing the official County History Book for Santa Clara
County and requesting cities participate in biographies of
each for $4,000 that will include two pages in the book.
Council tabled action on participation in the book to
their Budget Study Sessions. Councilman Gage requested that
the Gilroy Visitor's Bureau also be contacted to determine
their interest in including Gilroy within the ninth chapter
of the book.
A letter from MH Engineering Company was noted re-
garding their sewer agreement for the lands of Gilroy Country
Club Estates, further explained by Gloria Ballard, noting
that a SO unit sewer allocation is not feasible for their
proj ect.
City Administrator Baksa presented a letter from John
M. Filice, representing the Rancho Real Project of SO units,
also invoking the non-performance clause of their agreement
due to the SO unit sewer allocation not feasible for their
proj ect.
....
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The Mayor declared a recess at 10:20 p.m. and
reconvened the meeting at 10:29 p.m.
South County Joint Planning Advisory Committee
requested review nd comment on Rural/Urban Land Use Policies
further explained by Counclman Kloecker.
(Councilwoman Albert left and returned to her seat at
the Council table at 10:33 p.m.)
Councilman Kloecker recommended that the portion of
the Report, Items 19 and 20 pertaining to revenue
sharing,should be discussed directly between the County and
City of Gilroy to meet this problem and recommended that a
Study Session of the Council and Board of Supervisors be
scheduled for same.
The Mayor deviated from the regular agenda in order
to accommodate interested persons in the audience.
City Administrator Baksa explained the Tenth Street
Median Policy and noted a letter from R. J. Dyer Real
Property Investments, Inc. objecting to the median on Tenth
Street at a Tenth and Chestnut Street Project.
....
~,,,,4
Mr. Don Orosco, developer of the 10 acre project,
addressed the Council further explaining their objection to
the median and noted that they would be willing to trade
removal of the median strip on Tenth Street adjacent to their
property for additional landscaping.
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SCA 9 Ballot
Proposal
...
Rail Corri-
dors/MTC
IQM""Il
.....
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.....
5?59
Additional information was provided by City Engineer
Allen.
Motion was made by Councilman Gage seconded by
Councilman Mussallem and carried that the median policy on
Tenth Street be amended to allow eliminating said median,
provided additional landscaping of an equal amount of square
footage is constructed throughout the project and further,
that an exit off of Alexander Street would not be required.
Council requested that the revised plan be presented to them
for review and information when completed.
A letter from Senator Boatwright was noted requesting
support of SCA 9 ballot proposal. Motion was made by
Councilman Gage seconded by Councilman Kloecker and carried
that a letter be forwarded Senator Boatwright in support of
SCA 9 ballot proposal.
A letter from the Board of Supervisors requesting re-
affirmation of priority rail corridors for the Metropolitan
Transportation Commission's new Rail Transit Starts and
Extensions Plan was noted.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried to support reaffirmation of
priority rail corridors for the Metropolitan Transportation
Commission's new Rail Transit Starts and Extensions Plan as
requested.
The following informational items were noted with no
separate discussion on same:
Proclamations issued by Mayor Hughan: a. Senior Expo
Week, 4/21-27/86; b. Fair Housing Month - April 1986; c.
Earthquake Preparedness Week - April 14-19, 1986, d. Head
Start Week - April 21-25, 1986; e. Week of the Young Child -
April 20-26, 1986; f. Traffic Safety Week - 5/18-24/86; and
g. American Home Week - 4/13-19/86;
Building Industry Association - Southern Division re:
3/17/86 School Impact Fee Public Hearing;
Hope Rehabilitation Services re: Cancellation of
Seventh Annual Run;
Ms. P. A. Jones' complaint re: South Valley Refuse
Disposal and City's response;
City requesting legislators to seek funding in 86-87
Federal Budget for 566 and Uvas/Carnadero Levee Projects;
City of San Buenaventura (Ventura) re: Cable TV
Utility Tax litigation;
County Office of Emergency Services re: City's
assistance during recent disaster application center
operation;
County Referral (CR 86-6) letter to Juanell Waldo;
Planning Staff Action Report of March 28, 1986;
Report of Investments with maturity exceeding one
year; and
County of Santa Clara Draft findings of Job/Housing
Report.
Councilman Mussallem suggested that the City sponsor
a seminar for Earthquake Preparedness to citizens.
5260.
Plan.Com.
Report
Downtown
Action Com.
P & R Com.
Mutual Aid
Agreement
Strand
Theatre
Pub. Hear. re:
Non-Smoking
Ord.
86-91 Cap.
Imp. Program
Computer Syst.
Police Annex
Dev. Agree.
Deerpark,
Phase II
Ivy Survey
Councilman Palmerlee referred to Planning Staff
Action Report (A/S 86-6) inquiring of the painting
requirement of the building. Discussion was had regarding
the City's requirement for painting of buildings. City
Administrator Baksa noted that he would investigate the
City's authority to regulate colors of buildings.
The Report of the Planning Commission Meeting of
April 3, 1986 was noted.
The Minutes of the Downtown Action Committee Meeting
of March 5, 1986, inlcuding 3/19/86 Agenda Packet and the
Minutes of their March 19, 1986, meeting including 4/2/86
agenda were noted.
......
The Minutes of the Parks and Recreation Commission
Meeting of March 18, 1986, were noted.
#;i,'.
The Minutes of the Senior Citizens' Advisory Council
Meeting of February 11, 1986, and the Minutes of the Golf
Course Advisory Board Meeting of March 11, 1986, were noted.
City Administrator Baksa presented a Mutual Aid
Agreement with the California Department of Forestry
recomrnmending approval of same.
Motion was made by Councilman Mussallem seconded by
Councilwoman Albert and carried that the Mutual Aid Agreement
with the California Department of Forestry be approved as
presented.
It was noted that the Strand Theatre funding issue
has been referred to the Gilroy Downtown Action Committee.
Councilman Kloecker requested that the City
investigate how other cities have dealt with rehabilitation
of their theatres; i.e., Fox Theatre - San Jose; Paramount -
Oakland. .....
City Administrator Baksa noted the scheduled Public
Hearing for April 21, 1986, regular Council Meeting to
consider enactment of a non-smoking ordinance for the
workplace.
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City Administrator Baksa presented the 1986-1991
Capital Improvement Program further explaining modifications
to same.
Motion was made by Councilman Gage seconded by
Councilman Valdez and carried that the 1986-1991 Capital
Improvement Program as modified be approved.
City Administrator Baksa gave an update on the City's
computer system.
City Administrator Baksa gave an update on the Police
Annex, noting that bids would be advertised for April 29,
1986.
City Administrator Baksa presented a Development
Agreement with Deerpark, Phase II, recommending approval of
same.
.......
Motion was made by Councilman Valdez seconded by
Councilman Kloecker and carried that the Development .,,,",
Agreement for Deerpark, Phase II, be approved as recommended.
City Administrator Baksa noted the Ivy Survey would
begin April 7, 1986, and volunteer notices distributed. It
was noted that the trees in front of Wheeler Center are in
need of ivy removal.
Non-Profit
Organization
Funding
D.Hansen re:
Legal Fees
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City Administrator Baksa presented Council with a
Jlist of non-profit organization requesting funding in the
1986-87 City Budget and requested that the $4,000 request for
Harvest of Change publication be added to the list.
City Administrator Baksa presented a request of $7500
for legal defense in regard to David W. Hansen's State
license.
Motion was made by Councilman Gage seconded by
Councilman Mussallem and carried that $7,500 be authorized
for David W. Hansen's legal defense in regard to his State
license. The letter was referred to the City Attorney to
prepare a letter in regard to same, to note cost of appeal
not toexceed $7,500, and that this is the total commitment of
the City for defense of the license.
The Mayor inquired if Council requests a letter be
forwarded to Ms. Kathy Haney. Council requested a letter be
forwarded to include that there is significant concern by the
Council on the problem south of Tenth Street.
JPSA Meeting The Joint Powers Sewer Advisory Committee meeting
scheduled for April 8, 1986, at 8:00 a.m., was noted.
ErR Documents Discussion was had regarding Council receiving ErR
documents with sufficient time to act upon them. City
Administrator Baksa noted that he would discuss same with the
Planning Department.
Adjournment At 12:11 a.m., Tuesday, April 8, 1986, the Mayor
adjourned the meeting to the 7:00 p.m. Special Joint
Gilroy/Morgan Hill Meeting.
Respectfully submitted,
A~e~