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Minutes 1986/10/27 Roll Call Cert.of Serv. Lib.& Cult. Emp.Award Consent Calendar Minutes 85-86 Audit Res.86-65 M.Albaugh r:- /1 ;J 9 ") It October 27, 1986 Regular Meeting 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. (8:00 p.m.) Mayor Hughan presented a Certificate of Service to Loretta L. Schield, retired Library & Culture Commisioner. Mayor Hughan presented the Employee of the Month Award for September 1986 to Nancy McDonald, Plan Review Technician, Building Department. Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of October 6, 1986; Approved the City's 1985-1986 Financial Audit as recommended. Adopted Resolution No. 86-65 Commending Marge Albaugh, Chamber of Commerce Woman of the Year; RESOLUTION NO. 86 - 65 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING MARGE ALBAUGH, CHAMBER OF COMMERCE 1986 WOMAN OF THE YEAR. PASSED AND ADOPTED this 27th day of October, 1986 by the following vote: ,r:-; 4. ') l'"') '. . L . Res.86-66 B.Dyer Claim-A. Maniotes Res.86-67 Ambulance Fees Girl Scouts Solicitation Dev.Agree. Police Exp. Proj . Pub.Hear. : re: So.Val- ley Hosp. Prezoning Intro.Ord. Pub. Hear. Valen- zuela Rezoning 1;:-. u. AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None NOES: ABSENT: Adopted Resolution No. 86-66 Commending Robert J. Dyer, Chamber of Commerce Man of the Year; RESOLUTION NO. 86 - 66 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING J. DYER, CHAMBER OF COMMERCE 1986 MAN OF THE YEAR. PASSED AND ADOPTED this 27th day of October, 1986 by the following vote: AYES: COUNCILMEMBERS: ROBERT - NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None - COUNCILMEMBERS: COUNCILMEMBERS: Denied a Personal Injury Claim of Anna Maniotes as recommended. Adopted Resolution No. 86-67 approving ambulance fees for Stephens & Poletti Ambulance, Inc. RESOLUTION NO. 86 - 67 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY STEPHENS & POLETTI AMBULANCE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 27th day of October, 1986 by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None COUNCILMEMBERS: COUNCILMEMBERS: Granted waiver of municipal license fee for the Girl Scouts' of Santa Clara County for their annual cookie sale January 17 through April 15, 1987 and; - - Approved the following Agreements: Pleasant ValleyEnteI~ prises - Development Agreement 86-55fand Leavesley Investors Deferred Development Agreement 86-56 as recommended. City Administrator Baksa recommended approval of a time and material contract revision with Farotte Construction for the Police Station Expansion Project. Motion was made by Councilman Mussallem seconded by Coun- cilman Gage and carried that the contract revision with Farotte Construction for the Police Station Expansidn Project be approved as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a request of South Valley Inter- community Hospital to prezone to PF (Park/Pubic Facilities) Planned Unit Development District, located between Las Animas and Cohansey Avenues, easterly of No Name Uno. The Staff Report was noted and further explained by Plan- ning Director Dorn. '#"-"..""" The Mayor asked if there was anyone in the audience wishing to speak for or against the prezoning. There was no comment from __ anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Palmerlee and carried that the reading of the proposed ordinance be waived and that it be published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a request of John Valenzuela to rezone from Rl (Single Family Residential) District to R2 (Two Family Residential) District located at 493 East Sixth Street, East of Chestnut Street. - ..... Pub.Hear. re:TM-Glen Loma Corp. Res.86-68 ~""4\ - Pub.Hear. re:Garbage Rates Res.86-69 - - r ~ 21 ".1 4f 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 proposed rezoning. Mr. Matthew Drummond, 7500 Chestnut Street, addressed the Council and noted his position to the proposed rezoning request. 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 on the the matter by Council. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the rezoning request be denied. Councilman Kloecker voted "no" on the motion. The Mayor stated that it was the time and place scheduled to consider a Tentative Map Request of Timothy Filice (Glen-Loma Corp.) for a Professional Office Condominium Subdivision to create 6 Lots, on property located on the northeast corner of Wren Avenue and Monte Bello Drive on approximately 5.05 acres zoned PO (Professional Office) Planned Unit Development District. 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 request. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 86-68 be waived and that it be adopted. RESOLUTION NO. 86 - 68 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A PROFESSIONAL OFFICE CONDOMINIUM SUBDIVISION TO CREATE 6 LOTS FOR PROPERTY ON THE NORTHEAST CORNER OF WREN AVENUE AND MONTE BELLO DRIVE. PASSED AND ADOPTED this 27th day of October, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None The Mayor stated that it was the time and place scheduled to consider revision and adjustments of charges for the collec- tion of garbage, rubbish and refuse in the City of Gilroy. City Administrator Baksa reported that the effective date of the rate increases would become effective for the November 20, 1986 billing. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 86-69 be waived and that it be adopted. RESOLUTION NO. 86 - 69 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE EFFECTIVE NOVEMBER 20, 1986. PASSED AND ADOPTED this 27th day of October, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN None None 5422 Pub.Hear. PUE Aban- donment Res.86-70 Pub.Hear. Right of Way Aban- donment Res.86-71 Curfew Ord. Intro.Ord. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider abandonment of a public utility easement of all that portion of the proposed Maple Street between Eighth and Old Gilroy Streets. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 86-70 be waived and that it be adopted. RESOLUTION NO. 86 - 70 ... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF 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 27th day of October, 1986, by the following vote: AYES: COUNCILMEMBERS: ........ NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled to consider abandonment of a portion of Car~yle Avenue. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilwoman Albert seconded by Council- man Gage that the reading of Resolution No. 86-71 be waived and that it be adopted. RESOLUTION NO. 86 - 71 .... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF A PORTION OF THE RIGHT OF WAY ON CARLYLE AVENUE MEASURING 3,095 SQUARE FEET. PASSED AND ADOPTED this 27th day of October, 1986, by the following vote: AYES: COUNCILMEMBERS: ... NOES: ABSENT: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None COUNCILMEMBERS: COUNCILMEMBERS: A recommendation from the Police Chief was noted and discussed regarding the Curfew Ordinance Amendment further explained by City Administrator Baksa and Police Chief Cowart. Ms. Jennifer Pate, 7581 Carmel Street, Gilroy, addressed the Council noting concurrence with the recommended Curfew Ordinance Amendment. Mr. Jay Aguilar, 500 Shore Drive, addressed the Council requesting that the curfew time be later than proposed. Mr. Jeff Gatlin, 7345 Hagen Court, Gilroy, addressed the Council inquiring about rules for Police Officers picking up minors and parent's responsibilities, further explained by the Police Chief and further comment from Mr. Gatlin that he believes same to be unconstitutional. The City Attorney noted that it is not unconstitutional. .... - Motion was made by Councilman Kloecker seconded by Councilman Palmer lee and carried that the reading of the proposed curfew ordinance amendment be waived, and that it be introduced and published by title and summary as recommended. Councilman Mussallem inquired of the condition of one of the Police Officers recently injured in the line of duty. Chief Cowart noted that the Officer had returned to work. Co.GPA D'Arrigo ..,..,. - Historic Preserva- tion Survey flifR"'j"... ...... Downtown Action Plan Res .86-72 - - ~ . .~i i1. 2 3 The D'Arrigo General Plan Amendment application with the County of Santa Clara was noted and further explained by Planning Director Dorn. This item was reagendized from the October 6, 1986 Gilroy Council Meeting due to a tie vote and for further consideration. Ms. Gloria Ballard, M H Engineering, addressed the Council representing the D>>Arrigo application further explaining their proposed project. Motion was made by Courrci!man Palmerlee seconded by Coun- cilman Gage. and carried that the County allow the applicant to proceed with an EIR for the site with the following stipulations: 1) EIR will address all areas of inconsistency with the South County Advisory Committee Policy Recommendations; 2) Any develop- ment proposal will minimally have to meet the following para- meters: a. No homes will be built south of Bodfish Creek; b. All lots will use a common access--no individual driveways off Hecker Pass; c. Individual building envelopes will be established mini- mizing visual impact from Hecker Pass, and maximizing building setback from Bodfish Creek; d. Maximum number or lots will be substantially less than that allowed by the Rural Residential Zone; e. Public accessor easement will be provided if the south 182 acres is dedicated to the public; 3) This recommendation in no way indicates approval of a project. The Staff recommendation to approve the Historic Preserva- tion Survey was noted and further explained by Planning Director Dorn. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Historic Preservation Survey be adopted; the Staff tecommendations as amended by Councilman Kloecker (to amend Item "c" Pg. 4 to present something to the newspaper for their review) and as recommended by the Committee; specifically certified local government rather than certified local ordinance. The Staff recommendation to approve the Downtown Action Plan and letter from Sue lIen Rowlison recommending approval were noted. Motion was made by Councilman Palmerlee seconded by Coun- cilwoman Albert and carried that the Staff Recommendations on the Downtown Action Plan be approved, specifically: 1) Approved the Downtown Action Plan in concept; 2) Directed the Planning Depart- ment Staff to prioritize a redevelopment agency feasibility study when the City Council reviews next year's Planning Department priorities; 3) Directed applicable City Departments to investi- gate the feasibility of implementing the recommendations in the Downtown Action Plan relative to their Departments (including an estimated cost and time) and report back to the City Council with their findings. City Administrator Baksa presented a resolution and recom- mended delegating George Hills Company, adjusters for the ABAG Plan, authority to settle claims up to $1,500. and delegating the ABAG Plan Claims Administrator, authority to settle up to the City's deductible of $50,000. as recommended. Motion was made by Councilman Mussallem seconded by Coun- cilman Gage that the reading of Resolution No. 86-72 be waived and that it be adopted. RESOLUTION NO. 86 - 72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DELEGATING AUTHORITY FOR SETTLEMENTOF CLAIMS WITHIN THE CITY'S DEDUCTIBLE UNDER THE ABAG INSURANCE PLAN. PASSED AND ADOPTED this 27th day of October, 1986, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. None None 5424 Emerg.Housing Consortium Presbyterian Church Cardroom Operations Hecker Pass 152 Traffic .. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. A request from the Emergency Housing Consortium of Santa Clara County for financial assistance for Gilroy homeless was noted. Mr. Barry Del Buono, Executive Director, addressed the Council further explaining the Gilroy Homeless Project. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the City waive sewer and water utility fees of the Emergency Housing Consortium of Santa Clara County for said project. .... ..... A letter from Th" G'lroy Presbyterian Church was noted re- questing water service for their property located Northwest of the Thomas Road and Santa Teresa Boulevard intersection. City Administrator Baksa noted and explained the Staff Report. Mrs. Joan Harrison, representing the Church addressed the Council further explaining the proposal and noted their willing- ness to pay fees, execute required agreements and agree to annexation of the property. Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that the request be ~eferred to Staff to outline in concept what improvement agreement this development would require. A request of Garcia's Restaurant & Club to eliminate the four-hour restriction regarding cardroom operations was noted. The Staff Report was noted in opposition to said request and further explained by Police Chief Cowart. ... Discussion was had in regard to possibly requlrlng a conditional use permit for said type of business. ..... Mr. Pete Timewell, representing Herman Garcia, Owner/Opera- tor, addressed the Council further explaining the proposal noting willingness to work with Staff to attempt to determine a solu- tion. Mr. Herman Garcia addressed the Council and noted reasons for requesting a 24-hour cardroom business operation. He also presented petitions signed by Gilroy residents and out-of-town residents in favor of the 24-hour cardroom operation. Motion was made by Councilman Kloecker seconded by Council- man Gage and carried that the Council is in favor of considering the 24-hour cardroom operation and referred same to Staff for a , study and recommendation on said matter. The Mayor deviated from the Agenda in order to accommodate interested persons in the audience. A request of Rancho Vista Homeowners Association for sup- support in changes on Hecker Pass Highway, State Route 152 to improve traffic conditions was noted. .... Mr. Bob Jacks, representing the Homeowners Association, __ addressed the Council further explaining their proposal and requesting that the City support their attempt to change traffic conditions on Hecker Pass Highway. Motion was made by Councilman Palmer lee seconded by Councilman Gage and carried that the City support the Rancho Vista Homeowners Association to improve safety on Highway 152 west as stated in their letter. (At 10:13 p.m. the Mayor declared a recess and reconvened the meeting at 10:21 p.m.) ~ - ~ .... - - Prop.61 Pers.Com. Classifi- cation Chg. Sewer Allo- cations ..... Budget Amendment M.Bertolone Sewer Allo- cation NW Quad Drainage Com.Veh. Qr.Report Property Purchases Uvas Creek Proj . r 1.1 f) C) r L '" Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the City Council unanimously opposes Proposition 61 on the November 4 Ballot. The Report of the Personnel Commission Meeting of October 13, 1986 was noted. Motion was made by Councilman Palmer lee seconded by Coun- cilman Gage and carried that Garage Assistant Classification be changed to Equipment Mechanic Assistant and authorized minor changes within the classification as presented and recommended. City Administrator Baksa distributed updates on four sewer allocation schedules. City Administrator Baksa recommended amending the 1986-87 Budget to reflect the Memorandums of Understanding for the Miscellaneous, Supervisory and Fire Units. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the 1986-87 Budget be amended to reflect the Memorandums of Understanding for the Miscellaneous, Supervisory and Fire Units as recommended. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. City Administrator Baksa presented a request 'of Mr. Mike Bertolone for sewer allocation further explaining same. Motion was made by Councilman Palmerlee seconded by Coun- cilwoman Albert and carried that the request of Mr. Mike Berto- lone for sewer allocation be denied without pFejudice. Council- man Gage voted "no" on the motion. Mr. Chris Cain, James Montgomery Engineers, gave a presen- tation on the Northwest Quad Drainage resolution. Discussion was had on developmeht in the Northwest Quad and completion of 566 Flood Control Project. Motion was made by Councilman Palmerlee seconded by Coun- cilwoman Albert and carried that the City reinstate their pre- vious position that any further development of housing in the Northwest Quad is dependent upon completion of the 566 Flood Control Project and not any substitutions with alternate drainage solutions. City Administrator Baksa presented a complaint regarding commercial vehicles in residential zones. Discussion was had on the matter. Council referred the matter to Staff for additional information. City Administrator Baksa distributed copies of the Quarterly Report. City Administrator Baksa presented a recommendation to purchase properties at 7331 and 7341 Hanna Street. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the City purchase properties at 7331 and 7341 Hanna Street as recommended. City Administrator Baksa distributed a Uvas Creek Project Schedule of the Santa Clara Valley Water District, noting that it will be necessary for Council to make a policy decision in regard to the 10th and Thomas Road Bridges in the near future. Councilman Gage reported on accounting workshops scheduled by the State Controller's Office. Mayor Hughan noted that she would attend the Public Hearing before the County of Santa Clara on the General Plan Amendments and invited other Councilmembers able to attend. l :- tf "., ,}I.:. /6 Adjournment " : Councilman Palmerlee recommended Goldsmith Seed, Inc. be thanked for their planting donations and it was suggested that a Good Egg Award be presented in appreciation of their donations. Councilman Mussallem inquired about a recent fire in the vicinity of the Tenth Street Mobile Home Park area. Councilman Valdez commended the Fire and Police Departments for their recent actions during the fire at Second and Prince- valle Streets. Councilman Gage noted that the property owner also commended these departments for their actions. At 10:38 p.m. the Mayor adjourned the meeting. Respectfully submitted,