Minutes 1986/09/02
~~400
Roll Call
Emp.Award
Consent
Calendar
Minutes
Claim-
A.Hubbard
Ord .1186-13
September 2, 1986
Regular Meeting
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
Present: Councilmembers: Sharon A. AlbertJ Donald F.
Gage, Paul V. Kloecker, Larry MussallemJ Daniel D. Palmerlee,
Pete Valdez, Jr. and Roberta H. Hughan. (8:02 p.m.)
Mayor Hughan presented Rhonda Pellin, Secretary - Plan-
ning Department, with the Employee of the Month Award for July,
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 to include addi-
tional items "I" and "J" as noted: Ayes: Councilmembers:
Albert, GageJ Kloecker, Mussallem, Palmerlee, Valdez and
Hughan:
Approved the Minutes of the Regular Council Meeting of
August 18, 1986;
Denied a Personal Injury Claim of Antonia Hubbard as
recommended;
Adopted Ordinance No. 86-13 rezoning approximatley 3.3
Acres located on the east side of Murray Avenue, approximately
one half mile (1/2) North of Leavesley Road from Al (Agricul-
tural) District to Rl (Single Family Residential) District;
ORDINANCE NO. 86-13
AN ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING
ORDINANCE OF SAID CITY BY REZONING A 3.3 ACRE PARCEL ON THE
EAST SIDE OF MURRAY AVENUE ONE HALF MILE NORTH OF LEAVESLEY
ROAD FROM Al (AGRICULTURAL) DISTRICT TO Rl (SINGLE FAMILY
RESIDENTIAL) DISTRICT.
Ord .1/86-14
c,
.....
Ord.1186-15
.;~.".".
......
Claim
J.Cuesta
March of
Dimes
Dev.Agree.
Silicon
Valley &
Gav.Honda
Imp.Proj.
Kern &
Dev.Agree
A.Fortino
Bids re:
Boom Mower
-
-
Bids re:
L.A. Pk.
Addition
5401
PASSED AND ADOPTED this 2nd day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERTJ GAGEJ KLOECKERJ MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
Adopted Ordinance No. 86-14 amending Chapter 12A of the
Gilroy City Code by adding Article IV, Divisions 1, 2 and 3
thereto relating to maintenance districts.
ORDINANCE NO. 86-14
AN ORDINANCE AMENDING CHAPTER 12A OF THE CODE OF THE CITY OF
GILROY BY ADDING ARTICLE IV, DIVISIONS 1, 2 AND 3 THERETO
RELATING TO MAINTENANCE DISTRICTS.
PASSED AND ADOPTED this 2nd day of SeptemberJ 1986J by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ andHUGHAN.
None
None
Adopted Ordinance No. 86-15 enacting Section 15.61-1 of
the Gilroy City Code prohibiting vendor's wagons from selling
within five hundred feet of elementary and junior high school
property in the City of Gilroy.
ORDINANCE NO. 86-15
AN EMERGENCY ORDINANCE OF THE CITY OF GILROY ENACTING SECTION
15.61-1 OF THE GILROY CITY CODE PROHIBITING VENDOR'S WAGONS
FROM SELLING WITHIN FIVE HUNDRED FEET OF ELEMENTARY AND JUNIOR
HIGH SCHOOL PROPERTY.
PASSED AND ADOPTED this 2nd day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS :
ALBERTJ GAGE, KLOECKERJ MUSSALLEMJ
PALMERLEE, VALDEZ and HUGHAN.
None
None
Denied a Claim of Julio Cuesta as recommended.
Granted waiver of a municipal license fee for the March
of Dimes Annual Campaign (11-1-86 through 10-31-86).
Approved development agreements with Silicon Valley
DevelopmentJ Tract 7818 - Ted Ringel and Gavilan Honda - George
Gangi as recommended.
Accepted the following Improvement Projects: Kern Avenue
Improvements and Gaunt Improvements as recommended; and
Approved a Development Agreement 86-13 with Al Fortino as
recommended.
Noted a report on bids received for a boom mower further
explained by City Administrator Baksa.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that the bid of GSC Inc. be awarded for
the boom mower in the amount of $29,425.00 as recommended.
A report of bids received for Las Animas Park Addition
was noted and further explained by City Administrator Baksa
recommending award of same to Collishaw Corp. in the amount of
$416,855.00.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the bid of Collishaw Corp. in the
amount of $416,855.00 be awarded for the Las Animas Park
Addition Project as recommended.
5402
Bids re:
Wells No.
8 & 9
Intro.Ord.
re:Smoking
Plan.Com.
Appt.
Overuse
Intro.Ord.
City Code
Amendments
Kern Ave.
School Site
Noted a report on bids received to design and construct
Wells 8 and 9, further explained by City Administrator Baksa
recommending award of same to J. Montgomery Engineers in the
amount of $106,500.00.
Motion was made by Councilman Mussallem seconded by
Councilman Palmerlee and carried that the bid of J. Montgomery
Engineers to design and construct Well 8 and 9 be awarded in
the amount of $106,500.00 as recommended.
Discussion was had regarding the proposed Preliminary
Draft of the Smoking Pollution Control Ordinance.
Motion was made by Councilman Palmerlee seconded by
Councilwoman Albert and carried that the reading of the Smoking
Pollution Control Ordinance be waived, introduced and published
by title and summary. Councilmembers: Kloecker and Mussallem
voted "no" on the motion.
"",,",
;"""'::;;1.
The Mayor recommended the appointment of Kenneth W.
Cooper as Planning Commissioner to fill the unexpired term of
retired Commissioner Mello (1-1-87).
Motion was made by Councilman Kloecker seconded by
Councilman Palmerlee and carried that Kenneth W. Cooper be
appointed Planning Commissioner to fill the unexpired term
(1-1-87) as recommended.
Discussion was regarding the proposed sewer and water
overuse penalty policy, further explained by City Administrator
Baksa.
Mr. John E. Pate, addressed the Council requesting that
Council consider local businesses that have never had a sewer
allocation.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the Water and Sewer Overuse Penalty
Ordinances be introduced, reading waived and published by title
and summary. Councilmembers: Kloecker and Hughan voted "no" on
the motion.
-
-
Discussion was had regarding the resolution adopting the
terms and conditions for water and sewer capacity allocations.
It was noted that the resolution could not be effective until
the proposed ordinances are in effect (10-15-86).
The proposed City Code changes discussed at previous
Council Study Sessions were noted.
Miss Jennifer Pate, addressed the Council requesting that
the Curfew Section of the City Code be deleted.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the reading of the proposed ordi-
nance be waived, that it be introduced and published by title
and summary, requesting that the Police Chief determine if the
Curfew Section of the Code is necessary.
The Mayor asked if there was anyone present in the
audience wishing to speak on any matter not on the agenda.
Mr. Don Culver, 8539 Kelton Drive, addressed the Council
and presented a petition, containing 128 signatures opposed to
the proposed new Kern Avenue School site for Mt. Madonna
Continuation High School, elementary school and adjoining park,
further explaining same.
~
"".,.:411I'
The following residents in the neighborhood addressed the
Council requesting City assistance regarding the issue:
1) Chuck Davey, 976 Howard Avenue;
2) Margais Garces, 926 Howard Avenue;
3) Eddie Garces, 926 Howard Avenue;
4) Paula Joiner, 1020 Hoesch Way;
Recess
-
...
Fortino-
Sewer Allo-
cation
P.& R. Com.
8-19-86
St.Naming
Commi ttee
-
-
Police
Facility
Old City
Hall
Sewer
Allocation-
Al Fortino
Sewer Allo-
cation
Res.86-55
re:Pkg. Pro-
hibition
--
-
r407
,J ,)
5) Ronnie Mack, 8529 Kelton Drive;
6) Jim Tiano, 1011 Hoesch Way;
7) Anita Bowman, Kelton Drive;
8) Dave Johnson, 1027 Howard Avenue.
The Mayor thanked the residents of Solis Rancho and
Springfield Developments for attending and noted that the City
would do what they can within the limitations of the City's
authority and will work with the School District on the
concerns of the residents in the area.
At 10:38 p.m. the Mayor declared a recess and reconvened
the meeting at 10:45 p.m.)
The Mayor tabled action on the request of Mr. Albert
Fortino for sewer allocation to follow the Sewer Allocation
Report for the September 8, 1986 Study Session.
Noted the following Proclamation issued by Mayor Protem-
pore Albert: California Rural Legal Assistance Twentieth
Anniversary.
Noted the Minutes of the Parks and Recreation Commission
Meeting of August 19, 1986.
Noted the Minutes of the Senior Citizens' Advisory
Council Meeting of July 21, 1986.
Noted the Minutes of the Golf Course Advisory Committee
Meeting of July 15, 1986.
Noted the Minutes of the Golf Course Master Plan
Committee Meeting of July 22, 1986.
City Administrator Baksa presented a recommendation to
appoint a Street Naming Committee.
The Mayor appointed Councilmembers: Gage and Valdez; Mary
Prien, City Historian, and a member of the Historical Society
as a Task Force for said Street Naming Committee as
recommended.
City Administrator Baksa gave an update on the Police
Facility Gas leak.
City Administrator Baksa gave an update on the status of
the Old City Hall Restaurant noting a report is proposed for
the next regular Council Meeting.
City Administrator Baksa distributed and explained a
Sewer Allocation Report for the September 8, 1986 Council Study
Session.
Motion was made by Councilman Kloecker seconded by Coun-
Councilwoman Albert and carried that the request of Al Fortino
for a Sewer Allocation be denied.
City Administrator Baksa presented a recommendation to
prohibit parking on Tenth Street between Monterey and Rosanna
Streets.
Motion was made by Councilman Gage seconded by Councilman
Palmer lee that the reading of Resolution No. 86-55 be waived
and that it be adopted, requesting that Bicycle Lanes be con-
sidered for this location.
RESOLUTION NO. 86-55
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY PROHIBITING
PARKING ON TENTH STREET BETWEEN MONTEREY ROAD AND ROSANNA
STREET IN THE CITY OF GILROY.
PASSED AND ADOPTED this 2nd day of September, 1986 by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
5404
Cal Trans
Weigh Stn.
Uvas Creek
Cleaning
Jt.Study
Session
"
NOES:
AB~ENT:
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Noted a recommendation regarding Cal-Trans Weigh Station
location. Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that the Cal-Trans Weigh Station be
supported in concept as recommended. Councilwoman Albert voted
"no" on .the motion.
City Administrator Baksa noted the Uvas Creek Cleaning
scheduled for September 27, 1986 at 8:00 a.m. Chain Saw Crew;
10:00 a.m. Volunteers.
City Administrator Baksa presented and read a letter from
Mr. Bob Smith, Flood Control District, regarding construction
of a temporary levee. The November 4, 1986 election date was
noted when it will be known if funds will be available for
various flood control projects.
Councilman Kloecker noted that he has been appointed
Chairman of the Planning Programming Committee of the Trans-
portation Commission.
Councilman Mussallem suggested that the Cities of Gilroy
and Morgan Hill should address the financial issues of the
Long-term Wastewater Facilities. Council agreed that this be
addressed at the next JPSA Meeting.
The Mayor noted the Joint Study Session of the Gilroy
City Council and Planning Commission, scheduled for September
22, 1986 at 7:00 p.m. re: Joint Planning Program (Presentation
by South County Advisory Committee) at the City Hall Council
Chambers, 7351 Rosanna Street, Gilroy.
The Mayor noted the Gilroy City Council Study Session,
September 8, 1986 at 7:00 p.m., City Hall Council Chambers.
Noted the Annual City Barbecue, September 20, 1986 - 4:30
p.m., Christmas Hill Park.
Adjournment At 11:29 p.m. the Mayor adjourned the meeting.
submitted,