Minutes 1986/09/15
1
Roll Call
Consent
Calendar
Minutes
Ord.1I86-16
Ord.1186-17
Minutes
Dev.Agree.
5405
Regular Meeting
September 15, 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, Jr. and Roberta H. Hughan. (7:59 p.m.)
The Mayor noted a request to remove Item "D" (Smoking
Pollution Control Ordinance) from the Consent Calendar and
include under Item "G", the following Development Agreements for
approval: Wayne Couch and Raisch Products, Inc.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the following items under the Consent Calendar be
approved by the following Roll Call Vote to delete Item "D" and
add two (2) Development Agreements to Item "G" as recommended:
Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Pal-
merlee, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of
September 2, 1986;
Adopted Water Overuse Penalty Ordinance No. 86-16;
ORDINANCE NO. 86-16
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 27, ARTICLE
IV, OF THE GILROY CITY CODE PERTAINING TO WATER OVERUSE
PENALTIES.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ, and HUGHAN.
None
None
Adopted Sewer Overuse Penalty Ordinance No. 86-17;
ORDINANCE NO. 86-17
AN ORDINANCE OF THE CITY OF GILROY ENACTING CHAPTER 19, ARTICLE
VIII, OF THE GILROY CITY CODE PERTAINING TO SEWER OVERUSE
PENALTIES.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
P ALMERLEE , VALDEZ, and HUGHAN.
None
None
Continued Ordinance of City Code changes to the October 6,
1986 regular meeting in order to receive Staff report regarding
Curfew Issue;
Approved the Minutes of the Special Council Meeting of
September 8, 1986;
Approved the following Development Agreements as
recommended:
S4nt:
.......... '--' \..)
Ord.1I86-'18
Pub.Hear.
Kern Ave.
Reorg. 84-5
Res .1186-56
1. Leavesley Investors (Leaves ley Inn on Murray Avenue);
2. Frisone Management Co. (Commercial Office on Welburn
Avenue);
3. Mike Bertolone (Apartments on Old Gilroy Street);
4. Bonfante & Hogue (Commercial Bldgs. on Church St.);
5. Wayne Couch (Industrial Bldg. on Brem Lane); and
6. Raisch Products, Inc. (Gilroy Auto Service Center on Stutz
Way) .
Motion was made by Councilwoman Albert seconded by Coun-
cilman Palmerlee that the Smoking Pollution Control Ordinance be
adopted by the following Roll Call Vote: Ayes: Councilmembers:
Albert, Gage, Palmerlee, Valdez, and Hughan; Noes: Council-
members: Kloecker and Mussallem.
--
ORDINANCE NO. 86-18
,.",.
AN ORDINANCE OF THE CITY OF GILROY ENACTING AS CHAPTER 19A OF
GILROY CITY CODE A SMOKING POLLUTION CONTROL ORDINANCE.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
THE
NOES:
ABSENT:
ALBERT, GAGE, PALMERLEE,
HUGHAN
KLOECKER and MUSSALLEM
None
VALDEZ and
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled
for the Public Hearing to consider 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
that the application did not contain 100% consent.
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 for or against the proposal.
"'...
Mr. Don Culver, 8539 Delton Drive, addressed the Council
and noted that he represents residents in the area in favor of
the reorganization of the territory but noted that they are not
in accord with the proposed school building location on the site,
traffic, lighting, etc. and requested continuance of Council
action on the reorganization of the territory to allow the
residents to meet with their Consultant and School District to
resolve their concerns.
Mr. Geary Coats, Consultant, addressed the Council on
behalf of the residents in the area further explaining their
request.
......
Mr. Dave Downing, Deputy Superintendent of Schools,
addressed the Council and requested that the City take action on
the reorganization of the territory at the earliest possible
date.
The Mayor asked if there was anyone ,further in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience.
The Mayor closed the Public Hearing. Discussion was had by
Council on the matter.
'"
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee that the reading of Resolution No. 86-56 be waived
and that it be adopted.
-
RESOLUTION NO.86-56
A RESOLUTION, AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH
REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZA-
TION ACT OF 1965 DESIGNATED AS "KERN AVENUE REORGANIZATION 84-5."
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
Pub.Hear.
USA Apps.
-
.....
,..'~
-
Res .1186-57
......
...
.5407
AYES:
COUNCILMEMBERS: ALBERT, KLOECKER, MUSSALLEM, PALMER-
LEE, VALDEZ and HUGHAN
COUNCILMEMBERS: GAGE
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider 1986 Urban Service Area Revi-
sion Requests to include 441 Acres into the City of Gilroy's
Urban Service Area.
The Staff Report was noted and further explained by Senior
Planner Myer, noting Staff recommendation to request LAFCO in-
clude USA 86-3 only and Planning Commission recommendation to
include USA 86-1 and 86-3.
The Mayor asked if there was anyone present in the audience
wishing to speak on the proposals.
Mr. Bob Saxe, representing USA 86-1 (Hospital site)
addressed the Council requesting Council approve said applica-
tion for inclusion in the Urban Service Area.
Mr. Geary Coats, representing USA 86-5 and USA 86-6,
addressed the Council recommending Council approve same for
inclusion in the Urban Service Area.
Mr. Bill Workman, representing Gilroy Foods, addressed the
Council recommending Council approve their application of USA 86-
3 for inclusion in the Urban Service Area.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience. The Mayor closed the Public Hearing. Discus-
sion was had by Council on the matter.
Council took the following consensus vote for property
revisions to the Urban Service Area:
Motion was made by Councilman Mussallem seconded by Coun-
cilman Gage and carried that USA 86-1 be included in the USA.
Councilwoman Albert voted "no" on the motion.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that USA 86-3 be included in the USA.
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee and carried that USA 86-4 be denied for inclusion
in the USA.
Motion was made by Councilman Palmerlee seconded by Coun-
cilwoman Albert and carried that USA 86-5 be denied for inclusion
in the USA.
Motion was made by Councilwoman Albert seconded by Council-
man Palmerlee and carried that USA 86-6 be denied for inclusion
in the USA.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 86-57 be waived and
that it be adopted.
RESOLUTION NO. 86-57
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RECOMMENDING
MODIFICATION OF THE URBAN SERVICE AREA OF THE CITY OF GILROY
WITHIN THE COUNTY OF SANTA CLARA.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
ALBERT
None
PALMERLEE,
Noted the request of John M. Filice, Jr. to include 144
acres on the east side of Santa Teresa Boulevard between Miller
Avenue and Thomas Road in the Urban Service Area. Took no
action.
~~408
Res.86-58
Sept.15
Sewer Up-
date
Sewer
Allocations
Noted a resolution adopting terms and conditions pre-
viously discussed for sewer and water capacity allocation to
become effective October 15, 1986.
The Mayor recommended that existing buildings be assigned
sewer capacity based upon usage from February 1984.
Motion was made by Councilman Kloecker seconded by Council-
man Palmerlee and defeated to adopt the resolution to include the
recommended amendment that existing buildings be assigned sewer
capacity based upon usage from February 1984. Councilmembers
Albert, Gage, Mussallem and Valdez voted "no" on the motion.
...
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 86-58 be waived and
that it be adopted enacting terms and conditions for sewer and
water capacity allocation to include amending the sewer penalty
to $1,000./1000 gallons, to become effective October 15, 1986.
......
RESOLUTION NO. 86-58
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING TERMS
AND CONDITIONS FOR SEWER AND WATER CAPACITY ALLOCATION.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
At 9:18 p.m. the Mayor declared a recess and reconvened
the meeting at 9:31 p.m.
The Mayor deviated from the regular Agenda in order to
accommodate interested persons in the audience.
City Administrator Baksa gave the Septemer 15 Sewer
Update, noting the following requests for extensions:
....
J. R. Barrow, including Staff Report;
Al Montano
Randall Barbaglia.
--
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Mr. J. R. Barrow be granted a 36 day
extension from October 21, 1986.
Mr. Al Montano addressed the Council and explained his
request for extension.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that Mr. Montano's request for extension be
denied.
Mr. Randall Barbaglia, addressed the Council and explained
his request for extension. He noted that he has no problem with
denial of the sewer extension but requested a refund of fees
paid.
Motion was made by Councilman Palmerlee seconded by Coun-
cilman Kloecker that the request of Randall Barbaglia for exten-
sion and/or refund of fees paid be denied.
....
Discussion was had on the 1987 Sewer Allocations.
.......
Mr. Lloyd Martin, representing Jasker Industrial Park,
addressed the Council requesting 4,000 gallon capacity to be used
over the next two years.
Ms. Marie Juncker, South County Housing, addressed the
Council requesting 5100 gallon capacity for 16 units.
Mr. Sig Sanchez, Country Club Estates, addressed the
Council requesting continuance of the 1987 Sewer Allocations
until January 1987.
5409
Mr. Lou Tersini, Arcadia Development, addressed the Council
representing the developers of the Northwest Quad, requesting
Council action at this meeting to allow Sundance and Carriage
Hills Projects to proceed.
Mr. John M. Filice, Jr., representing Thomas Road and
Rancho Real, addressed the Council requesting Council action on
the sewer allocation to allow the developers to proceed with the
Northwest Quad problems.
~....
Mr. John Kuzio, MacKay & Somps, addressed the Council,
noting that the berms and retention ponds that will be added by
Meads Subdivision may not be sufficient to solve the current
flood problem.
-
Mr. Sig Sanchez, addressed the Council and again requested
that Council not make a decision at this meeting, noting that all
of the questions regarding flood control should be answered prior
to proceeding with development.
Mr. Hiram Miller, addressed the Council, noting that Car-
riage Hills is ready to proceed now and a committment on sewer
allocation is requested in order to complete the planning for the
area.
Mr. Ted Schaal, representing the Longmeadow Project,
addressed the Council noting that he is ready to proceed and
requested sewer allocation at this time; that he has performed to
the City's specifications and should be allowed sewer alloca-
tion, to allow the developers in the northwest quad to proceed.
Mr. W. J. Hanna, addressed the Council noting that since
the developers in the Northwest Quad are ready to proceed with
solving the problems, sewer allocations should be authorized at
this time. He further noted agreement to a contingent alloca-
tion based upon solving flood and drainage problems.
~;;,cilll
-
Discussion was had by Council on the matter. Discussion
was also had regarding ear-marking some of the City's reserve
sewer capacity to the Country Club Estates Project to allow this
project to proceed at a near future date.
Mr. Sig Sanchez, addressed the Council and noted that his
project would require sewer allocation for a minimum of 100 units
in order to proceed.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that the City allocate the 70,600 gallons
of sewer capacity as recommended and requested less one-half the
capacity needed for South County Housing, and 14,000 gallons to
reserves. (City Administrator Baksa clarified the motion of
sewer allocation for the following projects: Longmeadow - 59
units; Hillview - 59 units; Carriage Hills - 32 units; Rancho
Real - 18 units; South County Housing - 16 units); Councilman
Valdez voted "no" on the motion.
The Mayor noted that the sewer capacity reserve is now at
40,641 gallons.
-
Motion was made by Councilman Kloecker seconded by Council-
man Mussallem and failed to approve the request of Mr. Lloyd
Martin for 4,000 gallon capacity. Motion was made by Councilman
Gage seconded by Councilman Kloecker and carried that 2,000
gallons of sewer capacity be authorized for Mr. Martin's Jasker
Industrial Park. Councilman Valdez voted "no" on the motion.
-
Below (following detailed calculations) is a Recap of Sewer
Allocations from the above Council Action:
~)410
CITY OF GILROY
1987-1988 SEWER ALLOCATIONS
Analysis
Net Flow Available
37,641 gallons per day
Forfeited for non-performance (9/15/86)
5,400
Al Montano
Barbaglia-Industrial
S. Valley Dev.
Barbaglia-Commercial
Best Motel
2,000 gpd
600
300
500
2,000
5,400 gpd
...
...
Voiding of Santa Teresa Tech. Park Agreement
Revised Net Flow Available
70,600
113,641 gallons per day
Sewer Allocations
1. Jasker Industrial Park
Pool (1987-1989)
2,000 gallons per day
2. South County Housing
8 single family units (1987-1988)
8 single family units (1988-1989)
2,560
2,560
3. Residential
168 single family units (details
to determined)
Total 1987-1988 allocation
53,760
60,880 gallons per day
....
Revised Reserve as of 9/15/86
.....
Revised Net Flow
1987-1988 allocation
9/15/86 Reserve
113,641 gallons per day
60,880
52,761 gallons per day
* * * * * *
Fire
Fighters'
Rodeo
A letter from the Fire Fighters' Rodeo requesting Council
participation in the milking contest, September 27th and 28,
1986 was noted. The Mayor noted that this contest has been
changed to three persons dressing a calf in jeans and shirt.
The following items were noted with no discussion on same:
Capitol News Service re: Crosswalks.
Planning Staff Approvals, dated August 29, 1986.
Operation Sentinel re: 1986-87 Budget Allocation.
Proclamation issued by Mayor Hughan: White Cane Safety Day
- October 15, 1986. ....
OMI Advertisement featuring Mayor Hughan. ......
Letter from Jerry Rushford, complimenting Museum and Mary
Prien, Director and City Historian.
Golden Triangle Task Force Meetings. Councilman Kloecker
requested that he be notified of future meetings.
Gilroy Foods re: Parking Lot Exit to Pacheco Pass Highway
and Long-term Bypass.
Plan.Com.
9-4-86
Downtown
Action Com.
Minutes
...~
-
Lib.& Cult.
Com. 7-8-86
Hist.Museum
Task Force
Document
Res .1186-59
....;~
-
Res .1186-60
-
Dec.l Sewer
Performance
Date
-
5411
Employee Award of the Month of August, 1986, John Marfia,
Police Officer; and
Andrew Faber, Attorney, re: County of Monterey, et al v.
City of Gilroy, et al. Marin County Superior Court No. 130088.
Noted the Report of the Planning Commission Meeting of
September 4, 1986.
Noted the Minutes of the Downtown Action Committee Meet-
Meetings of July 30, 1986, August 6, 1986 and August 20, 1986
and an up-date from Councilwoman Albert.
At 11:47 p.m. Councilman Gage left the Council Chambers.
Noted the Minutes of the Library and Culture Commission
Meeting of July 8, 1986.
Motion was made by Councilman Mussallem seconded by
Councilman Kloecker Museum Task and carried that the Gilroy
Historical Museum Long-Range Planning Task Force document be
approved as presented.
Motion was made by Councilman Mussallem seconded by
Councilwoman Albert that the reading of Resolution No. 86-59 be
waived and that it be adopted.
RESOLUTION NO. 86-59
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION
GRANT FUNDS FOR GILROY HISTORICAL MUSEUM REHABILITATION PROJECT
FROM THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
GAGE
COUNCILMEMBERS:
COUNCILMEMBER:
Motion was made by Councilman Mussallem seconded by
Councilwoman Albert that the reading of Resolution No. 86-60 be
waived and that it be adopted.
RESOLUTION NO. 86-60
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATIONS AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVA-
TION GRANT FUNDS FOR OLD CITY HALL STABILIZATION PROJECT FROM THE
CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984.
PASSED AND ADOPTED this 15th day of September, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, KLOECKER, MUSSALLEM,
PALMERLEE,VALDEZ and HUGHAN.
None
GAGE
COUNCILMEMBERS:
COUNCILMEMBER:
(At 11:49 p.m. Councilman Gage returned and took his seat at the
Council table.)
Discussion was had on the December 1 Sewer Performance
Date Waiver.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the December 1 Sewer Performance Date
be extended for six (6) months or $500.00 fine.
City Administrator Baksa recommended that all projects
denoted with asterisks, previously given various performance
dates, be required to pay their fees by February 15, 1987 and
Building Permits issued for same by April 1, 1987, to provide
continuity.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that all projects referred to by
l
r II '1 f)
,.J it i ~"-.~
Circulation
Plan Study
CDBG Funds
Marine
Sanctuary
Joint
Council/
Plan.Com.
Mtg.
UVas Creek
Adjournmt.
the City Administrator marked with asterists, previously given
va~ious performance dates be requrred to pay their fees by
February 15, 1987 and building permits issued for same by April
1, 1987 as recommended.
City Administrator Baksa requested authorization to
advertise for Proposals for a Circulation Plan Study.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that proposals be advertised for a
Circulation Plan Study as recommended.
Noted a Report of CBDG Deferred Funds in the amount of
$34,574.00 further explained by City Administrtor Baksa.
Motion was made by Councilman
Palmer lee and carried that the CBDG
the East Side Storm Sewer Project.*
determine project estimate.)
Gage seconded by Councilman
Deferred Funds be returned to
*(Tabled this action to
Ms. Mary Ellen Rocha, representing Operation Sentinel,
addressed the Council requesting $5,000.00 of the deferred CDBG
Funds.
Council requested City Staff determine if the East Side
Storm Sewer Project could be completed for $29,000.00 to consider
allocating the remaining $5,000.00 to Operation Sentinel.
Council agreed that the Mayor write a letter to legisla-
tors in opposition to the Marine Sanctuary (Panetta) legislation.
Noted the Joint Study Session of the Gilroy City Council
and Planning Commission scheduled for September 22, 1986 - 7:00
p.m. re: Joint Planning Program (Presentation by South County
Advisory Committee) - City Hall Council Chambers, 7351 Rosanna
Street, Gilroy.
Noted the Annual City Barbecue, September 20, 1986 and
Councilmembers: Albert, Gage and Valdez request for tickets.
Noted Uvas Creek Clean-up Day, Septemer 27th - 8:00 a.m.;
Volunteers - 10:00 a.m.
At 12:12 a.m., Tuesday, Septemer 16, 1986 the Mayor
adjourned the meeting to a Continued Closed Session re: Meet &
Confer from the session held prior to the 8:00 p.m. Regular
Council Meeting of Septemer 15, 1986.
At 12:45 a.m., Tuesday, September 16, 1986 the Mayor
reconvened the Meeting and further adjourned.
Respectfully submitted,
A~s= E: J~TZ'
CLERK