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:
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'. . 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
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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;
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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.
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.....
Pub.Hear.
re:TM-Glen
Loma Corp.
Res.86-68
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Pub.Hear.
re:Garbage
Rates
Res.86-69
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".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
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.~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.)
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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
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,}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,