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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=~; t- k