Loading...
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,