Minutes 1986/05/19
Roll Call
-
...
Intro. New
Employee
So. Valley
Ref. Disp.
Scholarship
Emp. Award
April '86
Consent
Calendar
Minutes
'Contract/
Keil & Avery
--
Ord. 1186-8 re:
Johnson/Rose
Corp.Rezon-
inf
Claim-R.Case
...
Res. 1186-28
5319
May 19, 1986
Gilroy, California
Mayor Protempore Albert led the Pledge of Allegiance to
the Flag.
Present: Councilmembers: Donald F. Gage, Paul V.
Kloecker, Larry MussallemJ Daniel D. Palmerlee, Pete Valdez,
Jr. and Sharon A. Albert. Absent: Roberta H. Hughan. (8:01
p. m. )
Mayor Protempore Albert announced that there would be a
Closed Session of the Council to immediately follow the regular
agenda re: Committee for a Progressive Gilroy v. State Water
Resources Control Board Appeal.
Mayor Protempore Albert introduced new employee, Jim
Morrow, Public Works Maintenance II.
Mr. Richard Luchetti, South Valley Refuse Disposal, Inc.,
presented a $300 Parks & Recreation Mini-Scholarship to Mayor
Protempore Albert.
Mayor Protempore Albert presented Harold F. Lawrence,
Fire Captain, with the Employee Award of the Month for April,
1986.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the following items under the Consent Calendar
be approved by the following Roll Call Vote: Ayes: Council-
members: GageJ Kloecker, MussallemJ Palmerlee, Valdez and
Albert. Absent: Councilmember: Hughan:
Approved the Minutes of the Regular Council Meeting of
May 5, 1986;
Approved a contract with Keil & Avery for renewal of
same as recommended;
Adopted No. 86-8 rezoning approximately 18 acres from
R2 (Two Family Residential) District to Rl (Single Family
Residential) District located at the westerly terminus of Third
Street from Uvas Creek to the westerly terminus of Third Street
from Uvas Creek to the westerly extension of Cypress Court and
east of Santa Teresa Boulevard, Johnson-Rose Corporation,
applicant.
ORDINANCE NO. 86-8
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE
OF SAID CITY BY REZONING AN 18 ACRE PARCEL LOCATED AT THE
WESTERLY TERMINUS OF THIRD STREET FROM UVAS CREEK TO THE
WESTERLY EXTENSION OF CYPRESS COURT, AND EAST OF SANTA TERESA
BOULEVARD FROM R2 9TWO FAMILY RESIDENTIAL DISTRICT TO Rl SINGLE
FAMILY RESIDENTIAL DISTRICT.
PASSED AND ADOPTED this 19th day of May, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ AND ALBERT
NONE
HUGHAN
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Denied a claim of Richard Case as recommended.
Noted request of Assemblyman Jim Costa, Chairman, State
Assembly Committee on Water, Parks and Wildlife, requesting
support of Proposition 44 - Water Conservation and Water
Quality Bond Law of 1986.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Resolution No. 86-28 be waived and
that it be adopted.
RESOLUTION NO. 86-28
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY IN SUPPORT OF
PROPOSITION 44, THE WATER CONSERVATION & WATER QUALITY BOND LAW
OF 1986.
5320
Gilroy Foods
Cogenera-
tion Proj.
Outside
Sewer Servo
Req.
S.C. Trans.
Com. Appt.
Lib. & Cult.
Com. 5-8-86
Pers. Com.
5-12-86
Downtown
Action Com.
4-30-86
Hosp. Circ.
Plan
Traffic Study
3rd & Church
Tenth St.,
E. of Chest-
nut St.
PASSED
AYES:
AND ADOPTED this 19th day of May by the following vote:
COUNCILMEMBERS: GAGEJ KLOECKERJ MUSSALLEM, PALMERLEE,
VALDEZ and ALBERT
COUNCILMEMBERS: NONE
COUNCILMEMBER: HUGHAN
NOES:
ABSENT:
Set MondaYJ June 16, 1986J at 7:00 p.m. for a Study Ses-
sion to discuss the Cogeneration Project with Gilroy Foods,
Inc. as recommended.
Noted a request of the City of Morgan Hill for a sewer
service to a county subdivision.
Motion was made by Councilman Kloecker seconded by Coun-
cilman Palmer lee and carried that the City of Morgan Hill be
granted a sewer service to a county subdivision as requested.
......
Iif"",,*
Mayor Protempore Albert reappointed Councilman Kloecker
to the County of Santa Clara Transportation Commission as the
City's representative for a term expiring June 30, 1988.
Noted the following informational items with no separate
discussion on same:
Mayor Barke - City of Morgan Hill in appreciation;
Proclamations issued by Mayor Hughan: Neighborhood Watch
Month - May 1986; Police Week - May 11-17, 1986 and Peace
Officers Memorial Day - May 15, 1986; and Nursing Home Week -
May 11-17, 1986; and
City of Monterey re: Long-term Wastewater Management
Plan.
The Minutes of the Library and Culture Commission Meeting
of April 8, 1986, were noted.
The Report of the Personnel Commission Meeting of May 12,
1986, was noted.
......
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the eligible list for Assistant
Planner be extended as recommended.
......
The Minutes of the Downtown Action Committee Meeting of
April 30, 1986 and the May 14, 1986 Agenda were noted.
City Administrator Baksa presented and explained the Hos-
pital Circulation Plan.
Mr. Robert Saxe, representing the Hospital, addressed the
Council requesting that the Plan be approved in concept.
City Engineer Allen further explained the Plan. Discus-
sion was had on the matter by Council. Motion was made by
Councilman Gage seconded by Councilman Mussallem and carried
that the Hospital Circulation Plan as presented be approved in
concept.
City Administrator Baksa presented a Traffic Study re-
garding the intersection of Third and Church Streets further
explained by the City Engineer.
-
Discussion was had by Council on the matter. Motion was __
made by Councilman Mussallem seconded by Councilman Palmer lee
and carried that four-way arterial stop signs be approved for
the intersection of Third and Church Streets as recommended.
City Administrator Baksa presented a recommendation on
the extension of the left-turn pocket on Tenth Street, east of
Chestnut Street, noting that the Staff recommendation would
extend the left-turn traffic pocket and approximately 1/3 of
the landscape median would be removed.
Res. 1186-29
-
..
3rd & Santa
Teresa Exp.
Intersection
-
-
Sewer
Allocation
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-
5321
Motion was made by Councilman Mussallem seconded by
Councilman Valdez and carried that the Staff recommendation
regarding the left-turn traffic pocket on Tenth Street, east of
Chestnut StreetJ be approved.
The City Attorney noted that a resolution would be
required to complete Council action regarding the four-way stop
signs at the Third and Church Street intersection.
Motion was made by Councilman Mussallem seconded by
Councilman Palmerlee that the reading of Resolution No. 86-29
be waived and that it be adopted.
RESOLUTION NO. 86-29
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
FOUR-WAY ARTERIAL STOP AT THE INTERSECTION OF THIRD AND CHURCH
STREETS IN THE CITY OF GILROY.
PASSED AND ADOPTED this 19th day of May, 1986, by the following
vote:
AYES:
COUNCILMEMBERS;
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NONE
HUGHAN
PALMERLEE,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
A Report on Third Street and SAnta Teresa Expressway
intersection design was noted and further explained by City
Administrator Baksa.
Motion was made by Councilman Gage seconded by Councilman
Palmer lee and carried that Staff be directed to implement their
recommendation as presented.
Mayor Protempore Albert explained Council's action on
previous items A-D to the government students in the audience
and deviated from the regular agenda in order to accommodate
interested persons in the audience.
City Administrator Baksa presented an update on the sewer
allocation process.
The Mayor Protempore declared a recess at 9:37 p.m. and
reconvened the meeting at 9:45 p.m.
Mr. John Filice, representing the northwest quad develop-
ment, addressed the Council noting that they would be willing
to hire a hydraulic engineer in regard to the Interim Drainage
problem and submit their plans for same in mid-summer in order
to complete grading and compaction on their properties subject
to change anything further required after the plan checking
process.
Mr. Jerry Crawford, 7820 Monterey Street, addressed the
Council noting that he is the owner of an existing building and
business requiring 1700 gpd sewer capacity.
Mr. Sig Sanchez, representing Gilroy Country Club
Estates, addressed the Council noting that they require sewer
capacity for 152 units in order to proceed with their project.
Mr. W. J. HannaJ representing Rancho Real Project,
addressed the Council noting that they need an answer of sewer
capacity that will be allocated their property.
Mr. John Neece, representing the Building Construction
Trade for San Benito and Monterey Counties, addressed the
Council requesting an answer on the unused sewer capacity at
this Council Meeting.
Mr. Gary Silacci addressed the Council requesting sewer
capacity of 2500 gpd for an existing commercial lot of 6 acres
for a new businessJ Carl's Jr. Restaurant.
Mr. Mike Straight, representing Carl's Jr. Restaurant,
addressed the Council noting that they have a signed agreement
with the City for 2500 gpd.
["722
,) J __.
86-76 Budget
School Impact
Fee Ord.
Leavesley Rd.
Policy
City Administrator Baksa explained that the agreement was
executed because it was understood that this was a transfer of
allocated sewer capacity; however, the transferee did not
legally own the property because it was under a foreclosure
proceeding and the agreement becomes null and void; further
that all parties were notified of same.
Mr. Robert Cucinotta, developer for the Carl's Jr. pro-
perty, addressed the Council requesting a resolution of their
sewer allocation at this meeting.
The City Attorney noted that the City has no legal
obligation regarding the agreement executed with Carl's Jr.
Restaurant.
...
Mr. Sid Parrish, Gavilan Business Park, owner of Lot 9,
addressed the Council noting that he should have first priority
to sewer allocation because he is located on developed proper-
ties.
-~-..-
Mr. Ed Sanchez, Del Monte Bros., representing himself and
Obata properties, addressed the Council requesting a fair
allocation remaining in their pool.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried by the following Roll Call Vote that
tentative allocations contingent upon studies and Council to
give final approval be allocated as follows: Ayes: Council-
members Gage, Kloecker, Mussallem, Valdez and Albert. Noes:
Councilmember: Palmerlee. Absent: Councilmember: Hughan:
Tentative Sewer Allocation 5-19-86: Fill-In Categary - 5JOOO
gpd; Existing Businesses for Comercial/lndustrial Expansion -
20,000 gpd; Ind. Assessment District (Obata) - 10,000 gpd
(recommended by Staff); Northwest Quad Residential Develop-
ment including Thomas Road - 61,500 gpd; and Carl's Jr. Res-
taurant - 2J500 gpd. (Further noting that these allocations
are not guaranteed, depending upon the amount of available
sewer capacity.) ......
City Administrator Baksa presented information regarding
recommended 1986-87 Budget cuts.
1:>;--,"
Mr. Bill Reimal addressed the Council regarding the
Tourism Bureau and proposal for their program. Mr. Dan Dill-
inger further explained the proposal for the Tourism Bureau.
Ms. Virginia Maxwell, representing the motels, addressed
the Council further explaining the need for funds in the 1986-
87 budget.
Motion was made by Councilman Kloecker seconded by Coun-
cilman Valdez that Staff recommendation for the following bud-
get cuts be approved for the 1986-87 Budget: $10JOOO Tourism
Bureau; $9,000 Hazardous Materials Clean-up; $21,622 hiring
Parks Officer in May 1987; $10,000 Forestry tree-trimming pro-
gram. Total $51J22 Preliminary 86-87 Budget Cuts. Ayes:
Councilmembers: Gage, Kloecker, Mussallem, Palmerlee and Val-
dez. Noes: Councilmember: Albert
The Mayor Protempore resumed discussion on the regular
agenda. City Administrator Baksa gave an update on the Police
Facility Expansion Project noting that construction is sched-
uled to begin May 26, 1986
......
City Administrator Baksa gave an update on Computer
Implementation.
lii>h"'"
Council referred the letter form the Gilroy Unified
School District re: School Impact Fee Ordinance to the City
Attorney for a report on same at the next regular meeting.
City Administrator Baksa noted that the Leavesley Road
Policy previously noted at the last regular Council Meeting
included design standards to the slough and that A /S approval
was given to Bonfante/Hogue for their project not in conform-
ance with said policy. Council agreed that the applicants
Res. 1186-30
Haz.Materials
Cleanup
Vendors
1986-87
Budget
Adjournment
"
r72"1
,J:J _ ,J
be contacted to determine if they would cooperate and design
t~eir roof and material to conform with the Leavesley Road
Policy.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-30 be waived and
that it be adopted.
RESOLUTION NO. 86-30
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RE: OFFICE
OF CRIMINAL JUSTICE PLANNING - CALIFORNIA CRIME RESISTANCE
PROGRAM.
PASSED AND ADOPTED 19th day of May, 1986, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, KLOECKERJ MUSSALLEM, PALMERLEE,
VALDEZ and ALBERT
COUNCILMEMBERS: NONE
COUNCILMEMBER: HUGHAN
City Administrator Baksa noted that the Hazardous Mater-
ials Cleanup event was a success.
City Administrator Baksa noted that the ordinance from
the City of San Jose regarding vendors operating near schools
was not received until today and that a report on same would be
presented at the next regular Council Meeting.
City Administrator Baksa distributed information date
non-profit organization requests for funds in the 1986-87
Budget.
Council set June 2, 1986 regular Council Meeting to
discuss and hear same from applicantsJ noting that the final
decision would be made at the scheduled June 16, 1986 public
hearing on the 86-87 City Budget.
City Administrator Baksa requested that a public hearing
be scheduled for the June 16, 1986 regular meeting to consider
revision of the sewer and water fees.
Councilman Gage noted that there would be no JPSA meet-
ings this month.
The Mayor Protempore noted the League of California
Cities - Peninsula Division Meeting May 29, 1986, SunnyvaleJ
and RSVP to the City Clerk.
At 1:23 a.m., Tuesday, May 20, 1986J Mayor Protempore
Albert adjourned to a Closed Session re: Comittee for a Pro-
gressive Gilroy v. State Water Resources Control Board Appeal.
At 12:40 a.m., Tuesday, May 20, 1986, the Mayor
Protempore reconvened the meeting and further adjourned.
Respectfully submitted,
Lf2H~~~'~~
~Clerk ~~