Minutes 1986/08/18
5392
Roll Call
Cert.Serv.
Big Bros./
Sisters
Consent
Calendar
August 18J 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. AlbertJ Donald F.
GageJ Paul V. Kloecker, Larry MussallemJ Daniel D. Palmerlee,
Pete Valdez, Jr. and Roberta H. Hughan. (8:02 P.M.)
Noted a Certificate of Service for retired Planning
Commissioner Dan MelloJ not present.
Big Brothers/Sisters representativeJ Oscar Torres, pre-
sented the Mayor with a plaque thanking the City of Gilroy for
their support.
Motion was made by Councilman Mussallem seconded by
Councilman Gage that the following items under the Consent
Calendar be approved by the following Roll Call Vote: Ayes:
Councilmembers: Albert, GageJ KloeckerJ MussallemJ Palmerlee,
Valdez and Hughan:
Minutes
Res.86-46
re:Truck Ban
Hwy 152
-
,
....
Minutes
Dev.Agree.
Pacific
States
Dev.Agree.
Benassi
~'''"J
-
Contd.P.H.
re:Non-Smok-
ing Ord.
..,M
-
5393
Approved the Minutes of the Regular Council Meeting of
August 4, 1986.;
Approved the Minutes of the Joint Gilroy/Morgan Hill
Special Meeting of July 29, 1986.;
Adopted Resolution No. 86-46 endorsing county prohibition
of trucks over 45 feet in length on State Highway 152 between
Carlton Road in Santa Cruz County to Santa Clara County line,
and Wastonville Road in Santa Clara County to Santa Cruz County
line.
RESOLUTION NO. 86-46
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING
COUNTY PROHIBITION OF TRUCKS OVER 45 FEET IN LENGTH ON STATE
HIGHWAY 152 BETWEEN CARLTON ROAD IN SANTA CRUZ COUNTY TO SANTA
CLARA COUNTY LINEJ AND WATSONVILLE ROAD IN SANTA CLARA COUNTY
TO SANTA CRUZ COUNTY LINE.
PASSED AND ADOPTED this 18th day of AugustJ 1986J by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERTJ GAGEJ KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
Approved the Minutes of the Special Council Meeting of
August 7,1986.;
Approved the Minutes of the Regular Adjourned Council
Meeting of August IIJ 1986.;
Approved a Development Agreement with Pacific States
Development for Twin OaksJ 33 unit project, subject to bond
approval by the City Attorney.
Approved a Development Agreement for Benassi project, Old
Orchard CO'J as recommended.
The Mayor stated that it was the time and place scheduled
for the continued Public Hearing to consider enactment of a
non-smoking ordinance forthe workplace.
Noted a letter from Mary Lou Mazzone in favor of a non-
smoking ordinance.
Noted the Staff Report, dated June 26, 1986 further
explained by the City Administrator.
Noted a letter from Simon BougheYJ M.D. in favor of a
non-smoking ordinance.
The Mayor asked if there was anyone in the audience
wishing to speak on the matter.
Heard from the following in favor of enactment of a non-
smoking ordinance in the workplace:
Mr. Jim Maya, Gilroy High School Teacher.
Mr. George Campion - Susan Court.
Ms. Rosita WalskiJ 5415 Nicole Way, also presented a
petition containing 372 signatures in favor of enactment of a
non-smoking ordinance for the workplace and public areas.
Ms. Karen Quint, County of Santa Clara employee, request-
ing a non-smoking ordinance for the workplace and restaurants.
Mrs. Terry KalpinJ 5405 Nicole Way.
Mr. Don SantanaJ 1280 Ayer Drive.
Mr. Dane Martins, Hersman Drive.
Ms. Diane Robles.
5394
Ms. Lori Hardy, 14955 Citation CourtJ Morgan Hill,
employed in Gilroy.
Mr. Bill PerkinsJ 1260 Hersman Drive.
Mr. David Bouchard, Executive Vice President - Gilroy
Chamber of CommerceJ addressed the Council and referred to a
letter recently forwarded the Mayor regarding polling of the
Chamber membership noting response of less than 10% for 650+
membership and requesting that the Chamber be allowed input in
drafting a proposed non-smoking ordinance.
Mr. Robert Quigley, Chairman of a Coaliltion of the
American Cancer Society, addressed the Council and volunteered
to assist in drafting a proposed ordinance.
....
......
Ms. Margaret LeathersJ Director of Programs for the
American Lung Association for Santa Clara and San Benito
Counties and a member of the Coalition of the American Cancer
Society established for Santa Clara CountYJ addressed the
Council.
Ms. Sue OlivieraJ 785 Nicole Court.
Discussion was had by Council on the matter. The Mayor
asked if there was anyone further in the audience wishing to
speak. There was no comment from anyone in the audience. The
Mayor closed the Public Hearing. Motion was made by Councilman
Palmerlee seconded by Councilwoman Albert and carried that the
City proceed in the drafting of an ordinance prohibiting smok-
ing in the workplace and public areas. Councilman Kloecker
voted "no" on the motion.
Motion was made by Councilman Palmerlee seconded by Coun-
cilwoman Albert and carried that the following be included in a
proposed ordinance: Sections 1 and 2 patterned after the City
of Milpitas Ordinance to include reserving 75% of the floor
area in cafeterias, lounges and rest rooms for the non-smoker.
....
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the proposed ordinance include:
Restaurants - under 50 seating capacity exempt to include a
sign designating if there is seating for non-smokers; 50 and
over seating capacity must provide 50% seating for non-smokers.
-
Motion was made by Councilman Valdez seconded by Council-
man Palmerlee and not carried to include prohibiting smoking in
retail stores. Councilmembers GageJ Kloecker, Mussallem and
Hughan voted "no" on the motion.
Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and carried to include Indoor Services
Lines in the proposed ordinance.
Motion was made by Councilman Gage seconded by Council-
woman Albert and carried that health care facilities be
included in the proposed ordinance.
Council agreed that the following also be included in the
proposed ordinance: elevators; public restrooms; public-owned
facilities used by the public.
Council agreed that enforcement be under the direction of
the City Administrator.
......
-
Council agreed that violation of the ordinance (penal-
ties) be an infraction as recommended by the City Attorney.
Motion was made by Councilman Mussallem seconded by Coun-
cilwoman Albert and carried that Staff be directed to prepare a
draft ordinance to include the general concept decisions agreed
upon above for approval by Council.
Recess
At 9:35 p.m. the Mayor declared a Recess and reconvened
the meeting at 9:40 p.m.
P.H.re:
Rezoning
P.McElroy
......
-
Pub.Hear.re:
R/W Vacation
5395
The Mayor stated that it was the time and place scheduled
for a Public Hearing to consider a rezoning request from Al
(Agricultural) District to Rl (Single Family Residential) Dis-
trict on property located on the east side of Murray AvenueJ
approximately one half mile north of Leavesley Road, on
approximately 3.3 acresJ Patrick McElroy, applicant.
Noted the Staff Report further explained by Planning
Director Dorn.
The Mayor asked if there was anyone in the audience
wishing to speak for or against the matter. There was no
comment from anyone in the audience. The Mayor closed the
Public Hearing.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the reading of the proposed
ordinance be waivedJ that it be introduced and published by
title and summary approving the rezoning request.
The Mayor stated that it was the time and place scheduled for
a Public Hearing to consider vacating a triangular portion of
the right of way on the east side of Chestnut StreetJ south of
its intersection with Banes Lane, measuring 14 feet by 252
feet.
Noted the Staff Report explained by City Administrator
Baksa.
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.
Res.86-47 Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 86-47 be waived and
that it be adopted approving the right-of-way vacation.
-
Intro.Ord.
Maint.
Dis t.
Obata Ref.
-
-
Res.86-48
RESOLUTION NO. 86-47
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING
VACATION OF A TRIANGULAR PORTION OF THE RIGHT OF WAY ON THE
EAST SIDE OF CHESTNUT STREET SOUTH OF ITS INTERSECTION WITH
BANES LANE MEASURING FOURTEEN FEET BY TWO HUNDRED AND FIFTY TWO
FEET.
PASSED AND ADOPTED this 18th day of August, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERTJ GAGE, KLOECKERJ MUSSALLEMJ
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.
Motion was made by Councilman Gage seconded by Council-
man Mussallem and carried that the reading of an ordinance
amending Chapter 12A of the Gilroy City Code by adding Article
IV, Divisions 1, 2 and 3 thereto relating to maintenance dis-
tricts be waived and that it be introduced and published by
title and summary.
Mr. Bob Brunsell, Bond Attorney, representing Philip D.
Assaf, addressed the Council and presented resolutions required
to complete the Obata Industrial Park Assessment District
Reassessment and Refunding.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-48 approving
agreement for legal services be waived and that it be adopted.
RESOLUTION NO. 86-48
RESOLUTION APPROVING AGREEMENT FOR LEGAL SERVICES - OBATA
INDUSTRIAL PARK ASSESSMENT DISTRICT - REASSESSMENT AND
REFUNDING, SERIES 86-1.
5396
Res.86-49
Res.86-50
Res.86-51
Res.86-52
PASSED AND ADOPTED this 18th day of AugustJ 1986J by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERTJ GAGEJ KLOECKERJ MUSSALLEMJ
PALMERLEEJ VALDEZ and HUGHAN.
None
None
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-49 approving the
Agreement for Engineering Services be waived and that it be
adopted.
RESOLUTION NO. 86-49
RESOLUTION APPROVING AGREEMENT FOR ENGINEERING SERVICES
INDUSTRIAL PARK ASSESSMENT DISTRICT - REASSESSMENT AND
REFUNDING, SERIES 86-1.
PASSED AND ADOPTED this 18th day of August, 1986J by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
-
- OBATA
-
ALBERTJ GAGE, KLOECKERJ MUSSALLEM,
PALMERLEEJ VALDEZ and HUGHAN.
None
None
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-50 of Intention
to Conduct Reassessment Proceedings Pursuant to the Refund Act
of 1984 for 1915 Improvement Act Bonds be waived and that it be
adopted.
RESOLUTION NO. 86-50
RESOLUTION OF INTENTION TO CONDUCT REASSESSMENT PROCEEDINGS IN
OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT REASSESSMENT AND
REFUNDINGJ SERIES 86-1.
PASSED AND ADOPTED this 18th day of August, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGEJ KLOECKERJ MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
-
......
The Reassessment Report was noted as presented.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-51 Approving
Report and Confirming Reassessments be waived and that it be
adopted.
RESOLUTION NO. 86-51
RESOLUTION APPROVING REASSESSMENT REPORT AND CONFIRMING
ASSESSMENTS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT -
REASSESSMENT AND REFUNDING, SERIES 86-1.
PASSED AND ADOPTED this 18th day of AugustJ 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
. .
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
.,
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the ~eading of Resolution No. 86-52 Authorizing
Issuance of Refunding Bonds Pursuant to the Refunding Act of
1984 for 1915 Improvement Act Bonds be waived and that it be
adopted.
t. __
......
RESOLUTION NO. 86-52
RESOLUTION AUTHORIZING ISSUANCE OF REFUNDING BONDS - OBATA
INDUSTRIAL PARK ASSESSMENT DISTRICT - REASSESSMENT AND
REFUNDING, SERIES 86-1.
PASSED AND ADOPTED this 18th day of August, 1986J by the
following vote:
.L
Res.86-53
-
I
.....
86-87
Budget
Filice-10th
& Chestnut
Pro j .
~
Safest Rte.
School Prog.
,/
Le'ag .Conf.
~
~
-
Lib.& Cult.
Com. -Allen
J .Filice
Sewer Allo-
cation
5397
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKERJ MUSSALLEMJ
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 86-53 Ordering Sale
of Bonds to Wulff, Hansen & Company be waived and that it be
adopted.
RESOLUTION NO. 86-53
RESOLUTION ORDERING SALE OF BONDS - OBATA INDUSTRIAL PARK
ASSESSMENT DISTRICT - REASSESSMENT AND REFUNDING, SERIES 86-1.
PASSED AND ADOPTED this 18th day of August, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Motion was made by Councilman Palmer lee seconded by Coun-
cilman Gage and carried that the 1986-87 Budget be amended to
provide for establishing of a new fund and revenue and expen-
diture accounts to allow for said refundingJ as recommend by
City Administrator Baksa.
City Administrator Baksa noted action required regarding
the Tenth & Chestnut Streets Project discussed at the 8-11-86
Study Session of the Council. He noted that the property
owners (Val & Ernie Filice) original request was for all water,
sewer, storm drain and paving reimbursement fees on Chestnut
and Alexander Streets based upon some type of committment by
the City during the East Ninth Street et al Assessment
District. After checking the record only mention (no action)
was for water and sewer reimbursement fees on Tenth Street.
Motion was made by Councilman Gage seconded by Council-
woman Albert and carried that the following be approved for the
Tenth & Chestnut Streets Project as agreed upon: 1) Waiver of
Water and Sewer Off-Site Reimbursements Fees on Tenth Street as
follows: $11,583.78 (water line); $8J422.34 (sewer)=$20J006.12;
2) Granted a 4-1-87 Time Extension on the Sewer Agreement; 3)
Traffic Flow In and Around Project Center; 4) Declared previous
action to delete all medians null and void and request Staff to
require the medians to be redesigned with "Safety" as the No. 1
priority and "Esthetics" No. 2 in said designation; and 5)
Council to have automatic appeal following Architectural and
Site approval.
City Administrator Baksa noted a Report and recommenda-
recommendation on a Safest Route to School Program further
explained by Police Officer Brown.
Motion was made by Councilman Palmer lee seconded by
Councilman Mussallem and carried that the Safest Route to
School Program be approved as recommended.
Motion was made by Councilman Valdez seconded by Council-
woman Albert and carried that Mayor Hughan be designated as
delegate for the League of California Cities Annual Conference
and Councilman Kloecker be designated as the alternate
delegate.
A letter of resignation from Barbara Allen, Library and
Culture Commissioner was noted and accepted with regret. The
Mayor set September 15, 1986 as final date to accept applica-
tions for the unexpired term (1-1-88).
A letter from John M. Filice, Jr. regarding the sewer
allocation process was noted and City Administrator Baksa
recommended to discuss same at a Council Study Session.
Council set August 25J 1986 at 7:00 p.m. as a Study
Session in the Employees' Lounge re: Interim Drainage Review
539B
Pacific
States Dev.
S.J.Stadium
Plan.Com.
8-7-86
TM 84-3
P.& R.Com.
ProjectJ Final ReportJ 8/86 (N.W.Quad) prepared by J. Mont-
gomery Engineers and Prposed City Code Changes continued from a
previous Study Session.
Noted the Joint Gilroy/Morgan Hill Study Session, August
26J 1986 in Morgan Hill re: Implementation Plan for Gilroy/
Morgan Hill Wastewater Facilities.
Council set September 8, 1986 at 7:00 p.m. as a Study
Session re: 1986-87 Sewer Allocation Process and Sewer
Treatment Plant Capacity.
Mr. John FiliceJ Jr., addressed the Council representing
Glen Loma and Rancho Real, and noted that he was going to
request Council to start the allocation process and that he is
in accord with the Study Session scheduled for same. The Mayor
further noted that she does not agree with all of the state-
ments in Mr. Filice's letter.
....
-
Noted a request of Pacific States Development Company
(Twin Oaks Project) for a 15-year reimbursement period further
explained by City Administrator Baksa.
Mr. Dick SimonsenJ representing Pacific States Develop-
ment, addressed the Council further explaining their request.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the request of Pacific States
Development Co. be denied.
The Mayor presented a request for endorsement of a
proposed San Jose Baseball Stadium.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the City endorses the concept of a
proposed San Jose Baseball Stadium as presented.
-
Noted the following informational items with no separate
discussion on all items:
-
Planning Staff Approvals, dated July 31J 1986. Discussed
regulations for sale of firearms under a home occupation.
County Referral on the Presbyterian Church. Discussed
City's response and noted County is required by law to address
the City's issues.
Register-Pajaronian (Watsonville) Article, dated August
6, 1986 re: Long-term Wastewater Management Plan.
Proposed Santa Clara County General Plan Amendment; and
League of California Cities Special Bulletins: Proposi-
tion 61 - the Gann Pay Limitation Initiative.
Noted the Report of the Planning Commission Meeting of
August 7 J 1986.
Planning Director Dorn presented and explained a recom-
mendation to approve a one-year extension requested by M H
Engineering on behalf of Gilroy Country Club Estates, Sig
Sanchez, applicant re: TM 84-3.
....
..-
Motion was made by Councilman Valdez seconded by Council-
man Palmerlee and carried that a one-year extension be approved
for TM 84-3 requested by M H Engineering on behalf of Gilroy
Country Club Estates, Sig SanchezJ applicant.
Noted the Minutes of the Parks and Recreation Commission
Meeting of July 15, 1986.
Noted the Minutes of the Golf Course Committee Meeting of
June 11, 1986.
Downtown
Action Com.
JPSA Com.
Personnel
Com.-Classi-
fication Adj.
-
Flood Plan
.....
City Park
Kern Ave.
.....
Implementa-
tion Plan-
Wastewater
Facilities
Catering
Trucks
Police
Facility
Gas Leak
.......
Res.86-54
-
5399
Noted the Minutes of the Downtown Action Committee Meet-
ing of July 9J 1986 including the July 30, 1986 Agenda.
Noted the Minutes of the Joint Powers Sewer Advisory
Committee Meetings of June 3, 1986 and July 8J 1986.
Noted the Report of the Personnel Commission Meeting of
August 11, 1986.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that adjustment of classification and/or
salary for eleven (11) classifications be approved as
recommended.
City Administrator Baksa presented and explained the
Flood Action Plan.
Councilman Gage noted the clean-up date scheduled for
September 27, 1986.
Motion was made by Councilman Gage seconded by Council-
woman Albert and carried that the Flood Action Plan be approved
as presented.
Council requested input from Santa Clara Valley Water
District regarding construction of a temporary levee.
City Administrator presented an agreement for construc-
tion and maintenance of a city park at Kern Avenue school siteJ
recommended by the City/School Liaison Committee.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the agreement for construction and
maintenance of a city park at the Kern Avenue school site be
approved as recommended.
City Administrator Baksa distributed the Implementation
Plan for the Gilroy/Morgan Hill Wastewater Facilities noting
that the time table will be accelerated.
City Administrator Baksa presented a request to prohibit
catering trucks from selling at elementary and junior high
schools.
Discussion was had by Council on the matter.
Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and carried that the reading of a proposed
ordinance be waived and that it be introduced and published by
title and summary prohibiting vendor's wagons from selling
within 500 feet of elementary and junior high school property
as recommended.
City Administrator Baksa gave an update on the Police
Facility gas leak.
City Administrator Baksa noted receipt of a petition
requesting reorganization of 36.514 acres of uninhabited
territory to be known as "Kern Avenue Reorganization 84-5"
located along Kern Avenue between Welburn Avenue and Ramona Way
on both the east and west sides, noting not 100% consent.
Motion was made by Councilman Mussallem seconded by
Councilman Gage that the reading of Resolution No. 86-54 be
waived and that it be adopted setting a public hearing date of
September 15, 1986 for reorganization of said territory.
RESOLUTION 86-54
RESOLUTION INITIATING REORGANIZATION OF TERRITORY, DESIGNATED
AS: "KERN AVENUE REORGANIZATION 84-5" AND GIVING NOTICE OF TIME
AND PLACE FOR HEARING OF PROTESTS THERETO.
PASSED AND ADOPTED this 18th day of August, 1986, by the
following vote:
l .~~400
Del Monte
Train
Golf Crse.
Master Plan
Closed
Session
Adjournmt.
AYES:
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEMJ
PALMERLEEJ VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Motion was made by Councilman Kloecker seconded by Coun- .
cilwoman Albert and carried that a letter be forwarded the
Governor in support of Senator Mello's legislative bill initia-
ting a three year pilot project for the Del Monte train service
to Gilroy.
Councilman Mussallem gave an update on the Master Golf
Course Plan Master Plan Committee.
Mayor Hughan reminded Council that the next regular
meeting is Tuesday, September 2, 1986, due to a legal holiday
September 1, 1986.
At 11:24 p.m. the Mayor adjourned the meeting to a Closed
Session to consider options for future sewer allocations so as
to avoid possible litigation involving properties within
assessment districts.
At 12:05 a.m. TuesdaYJ August 19, 1986 the Mayor
reconvened the meeting and further adjourned the meeting to
Tuesday, September 2J 1986.
Respectfully submitted,