Minutes 1986/10/06
S412
Roll Call
Intro.New
Employees
October 6, 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, Pete Valdez, Jr. and Roberta H.
Hughan. (8:05 p.m.) Absent: Councilmember: Daniel D. Palmerlee.
The Mayor introduced the following New City Employees: Don-
Donald Zander, Firefighter; Robert Ledesma, Assistant Fire Chief;
and Patricia Cooper, Police Records Clerk.
Consent
Calendar
Minutes
......
Res.86-61
.....
Res.86-62
""'...
-
Multipiezo-
meter Wells
Animal
Display
Ord.86-19
re:Code
Revision
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. 'll~_
1~
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f)417
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The Mayor removed Item "F" re: reV1Slons to Gilroy City
Code from the Consent Calendar for separate discussion of same.
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, removing Item "F".Ayes:
Councilmembers: Albert, Gage, Kloecker, Mussallem, Valdez and
Hughan; Absent: Councilmember: Palmerlee.
Approved the Minutes of the Regular Council Meeting of
September 15, 1986;
Adopted Resolution No. 86-61 setting a Public Hearing date
of October 27, 1986 to consider abandonment of a public utility
easement of all that portion of the proposed Maple Street between
Eighth and Old Gilroy Street.
RESOLUTION NO. 86 - 61
RESOLUTION OF INTENTION TO VACATE A TRAPEZOIDAL PORTION OF THE
RIGHT OF WAY OF THE PROPOSED MAPLE STREET BETWEEN EIGHTH STREET
AND OLD GILROY STREET MEASURING 13,823 SQUARE FEET.
PASSED AND ADOPTED this 6th day of October, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN.
None
PALMERLEE
MUSSALLEM,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Adopted Resolution No. 86-62 setting a Public Hearing date
of October 27, 1986 to consider abandonment of a portion of
Carlyle Avenue and approved transfer of ownership to Santa Clara
Valley Water District as recommended.
RESOLUTION NO. 86-62
RESOLUTION OF INTENTION TO VACATE A PORTION OF THE RIGHT OF WAY ON
CARLYLE AVENUE MEASURING 3,095 SQUARE FEET.
PASSED AND ADOPTED this 6th day of October, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
PALMERLEE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
Accepted Multipiezometer Well Project 1985-5 as recom-
mended;
Approved the Merchants' Association request for permission
to display zoo animals at South Valley Shopping Center promo-
tional event on September 26, 27 & 28, 1986.
Discussed Item "F", ordinance revising the Gilroy City Code
by amending Chapters 1, 2, 3, 10, 12, 13, 14, 15, 16, 16A, 18,
18A, 20, 21, 22, and 27, Repealing Chapters 3A, 5, 6.111, 17, 23,
and 24.1, enacting a new chapter 17 and deleting extraneous
material. City Administrator Baksa noted that these revisions and
amendments do not include the curfew issue that is presently being
reviewed by Staff. The Mayor noted that the curfew issue would be
voted upon separately following receipt of a Staff Report on
same. Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Ordinance No. 86-19 be waived and that
it be adopted.
ORDINANCE NO. 86-19
AN ORDINANCE OF THE CITY OF GILROY REVISING THE GILROY CITY CODE
BY AMENDING CHAPTERS 1, 2, 3,10,12,13,14,15,16, 16A, 18,
18A, 20, 21, 22 AND 27, REPEALING CHAPTERS 3A, 5, 6.111, 17, 23
AND 24.1, ENACTING A NEW CHAPTER 17 AND DELETING EXTRANEOUS
MATERIAL.
PASSED AND ADOPTED this 6th day of October, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN.
None
PALMERLEE.
MUSSALLEM
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
5414
Long-term
Wastewater
Facility
Ranch Site
Lib.& Cult.
Com. Appt.
CDBG Funds
Migrant
Labor Camp
Utility
Fees
So. Co. Day
Care Ctr.
MOU's-Fire
Unit
City Administrator Baksa presented and recommended apprpval
of a Contract with James Montgomery Engineers for engineering
services for Predesign of the Long-term Wastewater Facilities.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the contract with James Montgomery
Engineers for engineering services for Predesign of the Long-term
Wastewater Facilities be approved as presented and recommended.
Council requested that Nob Hill General Stores, Inc. be
notified that the City is proceeding with expansion of the waste-
water facilities as expeditiously as possible and that their
proposed expansion will be included in the City's reclamation
process.
...
The Mayor requested that the recommendation to hire the
Ranch Site Master Plan Architect be removed from the agenda,
requested by Staff.
.......
Mayor Hughan recommended that Mr. Albert F. Quintero be
appointed Library & Culture Commissioner to fill the unexpired
term of Barbara Allen (1-1-88) and noted that the remaining
applications and any others received by October 21, 1986 would be
considered for appointment to fill the unexpired term of Loretta
Schield (1-1-89).
Motion was made by Councilman Kloecker and seconded by
Councilman Valdez that Mr. Albert F. Quintero be appointed Library
and Culture Commissioner for the term expiring January 1, 1988 as
recommended.
City Administrator Baksa reported on CDBG Deferred Fund
Allocation and noted a request of the Emergency Housing Consortium
for $8,295.00 of said funds.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that $5,000.00 of the CDBG Deferred Fund
Allocation be approved for Operation Sentinel and the balance of
same be authorized for the City's I. & I. Storm Sewer Project as
recommended. Councilmembers: Albert and Mussallem voted "no" on
the motion.
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IIlIIIII
Motion was made by Councilman Valdez seconded by Councilman
Gage and carried that the sewer utility fees of the Migrant Labor
Camp operation be waived.
Council requested Staff report back to them on previous City
action regarding the water utility fees of the Migrant Labor Camp.
(The Mayor deviated from the regular agenda in order to accommo-
date interested persons in the audience.)
A request of the South County Day Care Association and
Staff Report was noted and further explained by Planning Director
Dorn.
Ms. Judy Wendorf, representing the South County Day Care
Association, addressed the Council, concurring with Staff
recommendations.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that Staff be directed to include the changes
in the next Zoning Ordinance amendments to accommodate the South
County Day Care Association as recommended.
....
IIlIIIII
(The Mayor continued with the regular order of the agenda.)
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the Memorandum of Understanding with the
Firefighters Local 2805, lAAF, Fire Unit be approved as presented.
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the Memorandum of Understanding with the
Supervisory Unit, AFSCME, AFL, CIO, Local 101 be approved as
presented.
Ord.1I86-20
re:Haz.
Mat. Enf.
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Res. 1186-63
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Res.1I86-64
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Measure A
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Garbage
Rates
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.5415
City Administrator Baksa presented and explained a recom-
mendation to implement AB 2185/2187 to provide for local adminis-
tration and enforcement regarding hazardous materials.
Motion was made by Councilwoman Albert seconded by Council-
man Mussallem that the reading of Ordinance No. 86-20 be waived
and that it be adopted as an emergency ordinance as recommended.
ORDINANCE NO. 86 - 20
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY AMENDING THE
GILROY HAZARDOUS MATERIALS STORAGE ORDINANCE TO CONFORM TO
RECENTSTATE ENACTMENT OF SECTION 25505.2 OF THE HEALTH AND SAFETY
CODERELATING TO STORAGE OF HAZARDOUS MATERIALS. PASSED AND
ADOPTED this 6th day of October, 1986, by the following vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
P ALMERLEE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
RESOLUTION NO. 86 - 63
A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING THE
GILROY FIRE DEPARTMENT AS THE ADMINISTERING AGENCY FOR HAZARDOUS
MATERIALS MANAGEMENT AND RESPONSE PLANNING REQUIREMENTS OF CHAPTER
6.95, DIVISION 20, OF THE STATE OF CALIFORNIA HEALTH AND SAFETY
CODE.
PASSED AND ADOPTED this 6th day of October, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
None
PALMERLEE
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
City Administrator Baksa presented a recommendation to
designate the north side of Ninth Street, west of Hanna Street as
a passenger loading zone when school is in session.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 86-64 be waived and
that it be adopted designating the north side of Ninth Street,
west of Hana Street as a passenger loading zone when school is in
session as recommended.
RESOLUTION NO. 86 - 64
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A
LOADING ZONE ON NINTH STREET AT GLENVIEW SCHOOL.
PASSED AND ADOPTED this 6th day of October, 1986, by the following
vote:
AYES:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN
None
P ALMERLEE
MUSSALLEM,
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBER:
The Mayor asked if there was anyone present in the audience
wishing to speak on an item not agendized.
Mr. Valentine Reyes, County Parks & Recreation Commissioner,
addressed the Council requesting City support on Measure "A" (Park
Fund Issue) on the November Ballot.
Motion was made by Councilwoman Albert seconded by Council-
man Valdez and carried that the City Council endorses and supports
Measure "A" on the November Ballot as requested.
The Mayor asked if there was anyone further in the audience
wishing to speak on any matter not on the agenda. There was no
comment from anyone in the audience.
A request of South Valley Refuse & Disposal, Inc. was noted
for revisions and adjustment of charges for the collection of gar-
bage, rubbish and refuse and further noted that a Public Hearing
on this matter is scheduled for the October 27, 1986 Council
Meeting.
r) 4 1 6
SCVWD Rep.
Plan. Com.
Report
10-2-86
Co.Gen.Plan
A request for nominations for City representatives on the
Santa Clara Valley Water District Flood Control Zone Advisory
Committee - South Zone was noted.
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that Councilman Mussallem be renominated to
represent the City on the Santa Clara Valley Water District Flood
control Zone Advisory Committee - South Zone and that Staff be
authorized to select alternates for same.
The following informational items were noted:
Proclamations issued by Mayor Hughan: 1) John Nicolopoulos,
Honorary Citizen; 2) Commending Drug and Alcohol Abuse Prevention
Programs; 3) Rideshare Week - October 6-10, 1986; 4) Fire Pre-
vention Week - October 5-11, 1986; 5) Great American Smokeout -
November 20, 1986; 6) Commendation to Lisa Marie Gonzales - Miss
California State 1986; and 7) Domestic Violence Awareness Week -
October 6-12, 1986.
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Susan L Valenta re: Recent City Action Pertaining to
Vendor's Wagons;
Santa Clara County Safe Water Council Meetings;
Loma Prieta Resource Conservation District re: City's Future
Growth Policy;
New Merit, Inc. Commending City Staff;
"Green Bullet" Cable TV Connector Boxes;
Report of Investments with Maturity Dates Exceeding One
Year;
Planning Staff Approvals, dated September 26, 1986;
Michael Bonfante, Nob Hill General Stores, Inc. re: Sewer
Treatment Plant Expansion Project. Council reinstated previous
discussion to notify Mr. Bonfante that the City can utilize the
additional capacity by their proposed expansion utilizing
reclaimed water; and
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llIiIIIIil
Noted receipt of the City of Gilroy's 1985-86 Financial
Audit for approval at the next Council Meeting.
The Report of the Planning Commission Meeting of October 2,
1986 was noted and further explained by Planning Director Dorn.
Council Set October 13, 1986 at 7:00 p.m. in the Employees'
Lounge as a Study Session to discuss the Downtown Action Committee
Recommendations and the Historic Preservation Survey.
Discussion was had regarding Santa Clara County General Plan
Amendments and the Planning Commission's recommendations on said
applications.
Mrs. Gloria Ballard and Mr. Geary Coats, respectively,
addressed the Council representing the D'Arrigo application and
further explained same.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
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Mr. Omar Chatty, resident of Morgan Hill, addressed the
Council and spoke in favor of the Martin application, noting that
he did not believe that these applications would be discussed at
the City of Morgan Hill.
Motion was made by Councilman Mussallem seconded by Council-
man Gage and failed due to a tie vote to support the recommenda-
tions of the Planning Commission for denial of Applications 1 and
3; Applications 2 and 4 requiring an EIR Report. Councilmembers:
Albert, Kloecker and Hughan voted "no" on the motion.
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Prop.65
JPSA Com.
8-12-86
Museum-Com.
~""'"
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Downtown
Action Com.
Hist.Heri-
tage Com.
P.& R.Com.
9-16-86
Maint. & Land-
scaping Dist.
......
87-88 Sewer
Alloc.
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5417
Motion was made by Councilman Kloecker seconded by Council-
woman Albert and carried that the Staff recommendation for denial
of Application 111 (Martin) be approved.
Motion was made by Councilman Kloecker seconded by Council-
woman Albert and failed to approve the Staff recommendation to
deny Application #2 (Narimatsu).
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried to support a recommendation for continuance
of Application 112 (Narimatsu), pending completion of an EIR
Report. Councilwoman Albert voted "no" on the motion.
Motion was made by Councilman Kloecker seconded by Council-
woman Albert and carried that Staff recommendation for denial of
Application 113 (Martinez) be approved.
Motion was made by Councilman Kloecker seconded by Council-
woman Albert and failed due to a tie vote to recommend approval of
the County and Staff recommendation for denial of Application 114
(D'Arrigo). Council requested that this application be reagen-
dized on the October 27, 1986 Council Agenda when there is
expected to be seven members present to vote upon this matter.
A request of Gilroy Foods, Inc. for Council to oppose Propo-
sition 65 was noted. Motion was made by Councilman Gage seconded
by Councilman Kloecker and carried by a unanimous vote, that the
Council oppose Proposition 65 on the November Ballot.
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of August 12, 1986 were noted.
James M. Montgomery, Consulting Engineers, Inc. re: Long-
term Wastewater Facilities Plan Acceleration of First Phase
Schedule was noted.
The Minutes of the Gilroy Historical Museum Long-Range Plan
Task Force Committee Meeting of September 20, 1986 were noted.
The Minutes of the Downtown Action Committee Meeting of
September 24, 1986 were noted.
The Minutes of the Historic Heritage Committee Meeting of Septem-
ber 25, 1986 were noted.
The Minutes of the Parks and Recreation Commission Meeting
of September 16, 1986 were noted.
The Minutes of the Senior Citizens' Advisory Council Meeting
of August 18, 1986 were noted.
(At 9:51 p.m. Councilman Gage left the Council Chambers.)
City Administrator noted a letter from the City's Bond
Attorney regarding procedure required to form a Lighting and Land-
scaping District, for Council information to be reagendized at a
later date.
(At 9:53 p.m. Councilman Gage returned and took his seat at the
Council table.)
City Administrator Baksa gave an update on the 1987-88
Sewer Allocations and Council approved the following in concept as
presented:
CITY OF GILROY
1987-1988 SEWER ALLOCATIORS
1. Jasker Industrial Park
Pool (1987-1989)
2,000 gallons per day
5418
2. Residential
1987-1988
1988-1989
S. County Housing
Longmeadow-Hillview
Carriage Hills
Rancho Real
8 units
60 units
32 units
8 units
59 units
18 units
85 units
100 units
3. Commercial (Pool)
R & R Auto Center
500 gallons per day
...
The single family units in the NW quad will receive allocation under the
following conditions:
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1. The Santa Teresa Tech. Park's Development Agreement will be voided.
2. The NW quad's drainage problems will be solved.
3. The 566 project and SCVWD's construction timetables remain on
schedule.
4. The "letter of credit" between the developers and SCVWD will be
formalized.
The above allocations are on the following performance dates schedule:
1. Deceaber 1, 1986--NW Quad sewer line reimbursement.
2. Karch 1, 1987--Public Improvement Plans to P.W. Dept..
3. April 1, 1987--Payment of 50% deposit.
4. Augqst 15, 1987--Issuance of Building Permits.
5. Deceaber 1~ 1987--Complete public improvements.
6. December 1, 1988--Complete project.
Note: If a project has a multi-year allocation the second year will utilize the
same dates as above, except the year will be increased by one.
Old City Hall City Administrator Baksa reported on requests for proposals
for the City Hall Resaturant operations and noted that same would
be advertised. Council had no objections.
Water Dist.
Uvas Creek
N.Mont.St.
...
IIlIIIII
City Administrator reported on Gavilan Water District's
draw-down policy on the reservoir and that this policy is going to
be reviewed by the District.
City Administrator Baksa reported on the Uvas Creek Cleanup
of September 27, 1986 as being a success. He further gave Kevin
and Donna Smith a public vote of gratitude for coordinating
volunteers and soliciting food donated from some of the local
restaurants. He also gave a public vote of thanks to these
participating restaurants. He further reported that R. C. Perry
is presently working on the problems in the creek in an attempt to
alleviate potential flooding.
City Administrator Baksa reported on the Pinocchio's Pizza
property at 9325 Monterey Street, noting that in 1983 same was
rezoned Rl from Highway Commercial District, noting that the
property owner, due to a language barrier, was not aware of the
City's rezoning action util he recently applied for a building
permit for a second use, in addition to the pizza business that
was denied by the City. He was given the following options: 1)
Proceed through the normal General Plan amendment system which
would be in opposition to a major General Plan Policy of no com-
mercial north of Ronan Channel and may require preparation of aa
EIR or a major expanded study as to what affect this would have
allowing commercial north of Ronan Avenue; 2) Could wait and be
included with the Tang Study, (North Monterey high density
residential) - this option would be much less costly; however,
timewise this may take a year; 3) Some type of co~plete waiver of
the General Plan policy and rezone same back to the existing use,
noting that this option may not be legally possible. City
Administrator Baksa noted that the Staff recommendation would be
to at least allow the applicant to proceed with a General Plan
amendment earlier than next June.
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Fire Sta.
Exp. Proj.
League
Conf.
Study
Session
Adjournmt.
"
r /1 'J 9
.) "t
The City Attorney noted that what is being'requested is
pe~mission to accept the rezoning 'application that does not comply
with the General Plan. Council 'agreed to accept a rezoning
application in order that the entire matter can be studied and
considered. The Mayor recommended that a letter be forwarded this
property owner stating the three options and clearly defining the
fact that the City may not allow the requested use.
City Administrator Baksa reported that he has the Fire
Station Expansion plans available for review by Council.
City Administrator Baksa clarified the James Montgomery
Engineers insurance clause in the contract for Predesign of the
Long-term Wastewater Facilities.
Councilman Kloecker noted that he will not be able to attend
the 88th Annual League of California Cities Conference, Los
Angeles,October 19th-22, 1986.
The Mayor reminded Council of the 7:00 p.m. October 13, 1986
Study Session regarding the Downtown Action Committee recommenda-
tions and the Historic Preservation Survey.
At 10:24 p.m. the Mayor adjourned the meeting to Monday,
October 27, 1986 at 8:00 p.m., noting that the October 20, 1986
regular meeting has been cancelled.
Respectfully submitted,
4~~ .
SUSANNE E. STEINMETZ, Clty