Minutes 1986/11/17
Posting
Roll Call
Intro.
New Emp.
Emp.Award
Consent
Calendar
Minutes
WWTP Rdwy.
Imp. Proj.
Ord.1186-21 re:
So. Valley
Hosp.Rezoning
5429
Regular Meeting
November 17, 1986
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
November 13, 1986 at 9:10 a.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan. (8:04 p.m.)
The Mayor introduced new employee: Joseph B. Marzano, Equip-
Equipment Mechanic Assistant.
Presentation of a Certificate of Appreciation to Goldsmith
Seeds, Inc. was tabled to the December 1, 1986 Regular Council
Meeting.
The Mayor presented the Employee of the Month Award for
October 1986 to Bill Demichelis, Equipment Maintenance Supervisor.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that Item "G" be removed from the Consent Calendar re-
garding the Police Unit compensation and that the following items
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
November 3, 1986.
Accepted Completion of the Gilroy/Morgan Hill Wastewater
Treatment Plant Roadway Improvement Project, 1986-3 as
recommended.
Adopted Ordinance No. 86-21 amending the Zoning Ordinance by
prezoning approximately 47.35 acres adjoining the City, north of
Las Animas Avenue, east of US 101 and south of Cohansey Avenue as
PF-PUD (Park/Public Facility - Planned Unit Development) District,
(South Valley Intercommunity Hospital, applicant.)
,5430
Ag.Leases
Ord.1I86-22
re:Curfew
Res .1186-74
Stop Signs
POA
Compensa-
tion
Card Room
Operation
ORDINANCE NO. 86 - 21
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY PREZONING APPROXIMATELY 47.35 ACRES ADJOINING THE
CITY OF GILROY NORTH OF LAS ANIMAS AVENUE, EAST OF US 101 AND
SOUTH OF COHANSEY AVENUE AS PR-PUD (PARK/PUBLIC FACILITY7PLANNED
UNIT DEVELOPMENT) DISTRICT.
PASSED AND ADOPTED this 17th day of November, 1986, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
.....
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved a lease with Joseph Gubser,Jr. and lease extensions
with Edward F. Keaveney, et ux and Crocker National Bank (Meisel-
bach, et al) for agricultural purposes as recommended.
.....
Adopted Ordinance No. 86-22 Amending Section 14.1 and 14.2
of the Gilroy City Code Pertaining to Curfew for Minors.
ORDINANCE NO. 86 - 22
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 14.1 AND 14.2
OF THE GILROY CITY CODE PERTAINING TO CURFEW FOR MINORS.
PASSED AND ADOPTED this 17th day of November, 1986, by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Adopted Resolution No. 86-74 Approving Installation of Stop
Signs at Las Animas Avenue and the Southern Pacific Crossing East
of Monterey Streets.
RESOLUTION NO. 86 - 74
-
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING
ARTERIAL STOPS ON LAS ANIMAS AVENUE AT ITS INTERSECTION WITH THE
SOUTHERN PACIFIC RAILROAD CROSSING IN THE CITY OF GILROY.
PASSED AND ADOPTED this 17th day of November, 1986, by the
following vote:
AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
-
Discussion was had regarding Item "G" removed from the
Consent Calendar to consider setting compensation for the Police
Unit or set a Public Hearing to set said compensation. At the
request of the Police Unit Council set Monday, November 24, 1986
at 7:00 o'clock p.m. in the Council Chambers as a Hearing to
consider setting compensation for the City of Gilroy's Police
Unit.
Police Officer, Robert Cooke, addressed the Council noting
that the members of the Police Unit would be available at said
time and place for the Hearing. It is noted that packets from the
Police Unit were distributed to each Councilmember for their
review prior to the Special Meeting of November 24, 1986.
An analysis of Commercial Conditional Use Permits and Card
Rooms was noted and further explained by City Administrator Baksa.
~
........
A letter from Tom Reed, et aI, opposing 24-hour card room
operation was noted.
A letter from P. Brian Wilson opposing 24-hour card room
operation was noted.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Pete Timewell, representing Herman Garcia, Card Room
Operator, addressed the Council on behalf of his client.
-
-
Smoking
Policy
-
-
Sewer
Allocation
-
-
543-1
Mr. P. Brian Wilson, property owner in the vicinity of
Garcia's Card Room, addressed the Council in opposition to a 24-
hour card room Operation and requested that Council pay attention
to the Police Chief's recommendation.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
Police Officer Cooke, addressed the Council noting that he
has worked the area in the vicinity of Garcia's Card Room and has
no objection to a 24-hour card room operation.
Police Chief Cowart addressed the Council recommending that
the request to permit 24-hour card room operation be denied,
further explaining same.
Mr. Herman Garcia, Card Room Operator, addressed the Council
further explaining his request.
Discussion was had by Council on the matter.
Motion was made by Councilman Valdez seconded by Councilman
Gage and carried by the following Roll Call Vote that the reading
of the ordinance be waived and that it be introduced and published
by title and summary permitting 24-hour operation of card rooms:
Ayes: Councilmembers: Albert, Gage, Mussallem, Valdez and Hughan;
Noes: Councilmembers: Kloecker and Palmerlee.
Motion was made by Councilwoman Albert seconded by Council-
man Valdez and carried that the Planning Staff start the process
to amend the Zoning Ordinance to require a Conditional Use Permit
process for card rooms. Councilman Mussallem voted "no" on the
motion.
A Smoking Action Plan for the City of Gilroy recommended by
the Smoking Ordinance Implementation Committee was noted and
further explained by City Administrator Baksa and Senior Planner
Myer.
(Councilman Valdez left the Council Chambers at 9:36 p.m.
and returned at 9:38 p.m. and took his seat at the Council table.)
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that the following be deleted from the Plan
and that the amended plan be referred back to Council for final
approval:
Page 1 ,
Page 2,
Page 2,
Page 2,
Page 2,
delete reference to City-owned leased facilities.
delete 5th paragraph regarding battery or electrical
powered smoke-removal equipment in all smoking areas.
delete 7th paragraph regarding City's job announcements.
delete 8th paragraph regarding City-employed smokers doing
same only outdoors.
delete 9th paragraph regarding "Wellness Committee".
(The Mayor deviated from the regular agenda in order to accommo-
date interested persons in the audience.)
A request of Pacific Valley Bank for Sewer Allocation was
noted.
The Staff Report on same was noted and further explained by
City Administrator Baksa.
Mr. Eric Iseman, Production Manager for High Integrated
Technology, Inc., addressed the Council further explaining present
and future needs for sewer allocation.
Motion was made by Councilman Palmerlee seconded by Council-
woman Albert and failed by the following Roll Call Vote to deny
the request for sewer allocation: Ayes: Councilmembers: Albert,
Mussallem and Palmerlee; Noes: Councilmembers: Gage, Kloecker,
Valdez and Hughan.
5432
Com.Veh.
Fireworks
JPSA Com.
10-14-86
Plan.Com.
11-6-86
Lib.& Cult.
10-14-86
Motion was made by Councilman Kloecker seconded by Council-
man Gage and withdrawn to grant 1,780 mgd sewer allocation to High
Intergrated Technology Co. from the reserve capacity.
Motion was made by Councilman Palmer lee seconded by Council-
woman Albert and carried by the following Roll Call Vote to deny
the request for sewer allocation: Ayes: Councilmembers: Albert,
Mussallem, Palmerlee and Hughan; Noes: Councilmembers: Gage,
Kloecker and Valdez.
(Councilwoman Albert left the Council Chambers at 10:26 p.m.)
A Report on commercial vehicles in residential districts was
noted and further explained by City Administrator Baksa.
~
(Councilwoman Albert returned at 10:28 p.m. and took her seat at
the Council table.)
--
The City Attorney reported that cities cannot regulate park-
ing of vehicles under 10,000 lbs., noting that same is preempted
by the State. He further noted that the City can regulate traffic
and parking to the extent we are permitted to do so by the State.
Mr. Jack Foley, 7551 Hanna Street, Gilroy, addressed the
Council explaining a problem he has with a commercial vehicle
parking near his residence and obstructs his view of traffic
and/or pedestrians.
Police Chief Cowart addressed the Council in regard to an
opinion from the City of Walnut Creek regarding the state legisla-
tion and recommendation to contact the City's local legislators
regarding this matter.
Council agreed to inform the local legislators and League of
California Cities requesting legislation to permit cities to
regulate parking of vehicles under 10,000 lbs.
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.
...
IIlIIIII
The Mayor returned to the regular order of the Agenda.
A proposed ordinance regulating the sale, use and storage of
Safe and Sane Fireworks was noted. Motion was made by Councilman
Mussallem seconded by Councilman Gage and carried that reading of
the proposed ordinance be waived, introduced and published by
title and summary as recommended.
A letter from Edwin F. Putman regarding construction site
adjacent to properties on the south side of Swaner Drive was
noted. City Administrator Baksa noted that the matter was
resolved at Staff level.
The following informational items were noted:
Planning Staff Approvals, dated October 30, 1986.
John M. Filice re: RDO Sewer Allocations.;
Proclamation Issued by Mayor Hughan: Cantree Week - December
7th-13, 1986, and;
-
City Commissioner's and Advisory Board Member's terms
expiring December 31, 1986. Appointments scheduled for the
December 15th Regular Council Meeting. Council agreed to conduct
interviews for only Planning Commission appointments.
--
The Minutes of the Joint Powers Sewer Advisory Committee
Meeting of October 14, 1986 were noted.
The Report of the Planning Commission Meeting of November 6,
1986 was noted.
The Minutes of the Library and Culture Commission Meeting of
October 14, 1986 were noted.
Pers.Com.
11-10-86
Fire-
fighter Job
Description
Xmas lights
Historical
Herit.Com.
Measure A
ICC
Adjournment
"
~43Z
"--" ,J
The Report of the Personnel Commission Meeting of November
10~ 1986 was noted.
Motion was made by Councilman Palmerlee seconded by Council-
man Mussallem and carried that the job description for Firefighter
classification be approved as submitted and recommended.
(Councilman Gage left the Council table at 10:49 p.m.)
City Administrator recommended that action be tabled
regarding purchase of property around Las Animas Park.
(Councilman Gage returned at 10:52 p.m. and took his seat at the
Council table.)
City Administrator Baksa presented a request of the Downtown
Business Association for the City to string Christmas tree lights
in the downtown area.
Motion was made by Councilman Mussallem seconded by Council-
man Palmerlee and carried that the City string the Christmas tree
lights in the downtown area as requested by the Downtown Business
Association.
City Administrator Baksa gave an update on the Police
Department Expansion Project.
City Administrator Baksa noted that a very successful Staff
Retreat was held November 13, 1986 and the topic was "Futures" and
recommended that this topic be used at the next City Council
Retreat and noted that he would schedule a date for same.
Mayor Hughan appointed Connie Rogers to represent the
Planning Commission as a temporary member on the Historic Heri~
tage Committee in order to have a quorum at their next meeting.
The Mayor reminded Councilmembers to review and bring the
Police Unit packet distributed by Officer Cooke to the Special
Meeting Hearing on November 24th and also bring the Press Release
that was mailed to Councilmembers.
Councilman Kloecker suggested that the Council's last
position before the Police Unit said "no", be communicated to the
employees of the Police Department.
Councilman Kloecker noted that Mr. Will Kempton, Executive
Director of the Santa Clara County Traffic Authority will attend a
Council meeting for a presentation on the Strategic Plan for
Measure A. City Administrator Baksa noted that he would contact
him for a future presentation to Council.
The Mayor noted the Inter-City Council Meeting of November
20, 1986 in Palo Alto.
At 11:03 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
4=~;
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