Minutes 1987/02/17
1 c <~ f74
I ,) 't
Posting
Agenda
Roll Call
Consent
Calendar
Minutes
Res.87-7
Energy
Conserve
Claim-
Whalen
Claim -
M.Kunimura
Ord.87-2
Junk & Second
Reg\llar Meeting
February 17, 1987
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
February 11, 1987 at 5:14 p.m.
Present: Councilmembers: Sharon A. Albert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete
Valdez, Jr. and Roberta H. Hughan. (8:06 p.m.).
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
February 2, 1987;
Adopted Resolution No. 87-7 Approving a State Contract for
Energy Conservation Program. ~
RESOLUTION NO. 87 - 7
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY OF AGREEMENT WITH
ENERGY MANAGEMENT SERVICES AND THE CALIFORNIA ENERGY COMMISSION
CONCERNING THE PARTICIPATION OF THE CITIES OF GILROY AND MORGAN
HILL IN THE ENERGY MANAGER SALARY GUARANTEE PROJECT.
PASSED AND ADOPTED this 17th day of February, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
pALMERLEE, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Denied a Damage Claim of Dick Whalen and Dick Whalen
Service Center & Engine Company as recommended;
Denied a Damage Claim of Mason Kunimura as recommended;
Adopted Ordinance No. 87-2 Enacting Chapter 12B of the
Gilroy City Code pertaining to Junk and Secondhand Dealers;
ORDINANCE NO. 87 - 2
N~ ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY ENACTING
CHAPTER 12B OF THE GILROY CITY CODE PERTAINING TO JUNK AND
SECOND-HAND DEALERS.
PASSED AND ADOPTED this 17th day of February, 1987, by the
Res.87-8
re: Weeds
1#""'''4
-
Minutes
Bids re:
Circ.Element
'JIIlIJilI<"-'Ilt
Bids re: Gav.
Sports Pk.
-
Appeal Hear.
re:Fence-
Ruff alo
.""'...
.......
r,1175
) ""
...... ~ \..
following vote:
AYES: COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN
None
None
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
Adopted Resolution No. 87-8 Declaring Weeds to be a Public
Nuisance, Describing same, and Providing for Giving Notice of
Public Hearing Date for Objections thereto;
RESOLUTION NO. 87 - 8
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN
WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE,
DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR
GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION
THEREOF.
PASSED AND ADOPTED this 17th day of February, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
Approved the Minutes of the Special Council Meeting of
February 10, 1987.
Planning Director Dorn presented and explained a Report and
recommendation on the Selection of Circulation Element and Study
Consultant.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that TJKM (in conjunction with
David Powers as environmental consultant) be hired for the
overall project bid of $100,000. plus $33,700. for the EIR as
recommended. Councilman Gage voted "no" on the motion.
City Administrator Baksa presented and explained a report
of bids received for the Gavilan Sports Park backstop and
perimeter fencing and additional backstop.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the bid of Steel Fence Systems for the
Gavilan Sports Park backstop and perimeter fencing be awarded in
the amount of $18,085. as recommended and that the Parks and
Recreation Director be authorized to continue negotiations with
the School District regarding the second backstop and selection
of a location.
The Mayor stated that it was the time and place scheduled
for the Hearing to consider an appeal of the Planning Commis-
sion's decision denying a Variance request to Section 34 of the
Zoning Ordinance for property at 800 Welburn Avenue, Anthony &
Jessie Ruffalo, Applicants, to allow a reduction of the required
side yard setback from ten feet to one foot.
Planning Director Dorn presented and explained the Staff
Report.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mrs. Jesse Rufallo, 7664 Ticonderoga Place, addressed the
Council requesting an amendment to the original request to
install the fence to the back of the dwelling.
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.
Discussion was had by Council on the matter. The Mayor
closed the Hearing.
Motion was made by Councilman Valdez seconded by Councilman
Gage and not carried by the following Roll Call vote that the
reading of a resolution be waived and that it be adopted to grant
5476
Pub.Hear.
65864 Dev.
Agree.-Filice
Pub.Hear.
Flood PI.
Mgmt. Ord.
Pers.Com.
Appmt.
the fence variance requested: Ayes: Councilmembers: Gage,
Kloecker, and Valdez; Noes: Councilmembers: Albert, Mussallem,
Palmer lee and Hughan. The City Attorney noted that the Planning
Commission's recommendation to deny the Variance is upheld.
Motion was made by Councilman Kloecker seconded by
Councilman Palmer lee and carried that the Planning Department
review reducing setbacks on corner lots of this type, reporting
on pros and cons of same and report back to Council in sixty
days.
The Mayor explained to Mr. & Mrs. Ruffalo that the matter
of considering a change to the Zoning Ordinance would be
considered at a later date and that their variance request is ...
denied at this time, as recommended by the Planning Commision.
-
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider adoption of the Second Amendment
to the Development Agreement between the City of Gilroy and
Filice Family Estates.
City Administrator Baksa presented and explained the Staff
Report. The Mayor noted and explained the changes within the
Agreement.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter.
Mr. John Filice, Jr., Attorney, representing Filice Family
Estates addressed the Council noting that they concur with the
changes and noted that the "then existing" industrially zoned
property is also acceptable.
Mr. A. Box Saxe, Attorney addressed the Council and further
explained the historical record provided within the agreement.
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.
..
....
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of an ordinance be waived, that it be
introduced and published by title and summary approving the
second amendment to the Agreement as recommended.
The Mayor thanked the City Staff and Filice Family Estates
for working out the Agreement which will benefit the entire City.
The Mayor stated that it was the time and place scheduled
to consider revision to the City of Gilroy's Flood Plain Manage-
ment Ordinance.
Planning Director Dorn presented and explained the Staff
Report.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter. There was no comment from anyone
in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the reading of the proposed ordinance
be waived, that it be introduced and published by title and
summary revising the City's Flood Plain Management Ordinance to
conform to federal requirements as recommended.
....
..
The Mayor recommended the appointment of Mr. James Trelut
as Personnel Commissioner to fill the unexpired term of retired
Commissioner True (1-1-90).
Motion was made by Councilman Kloecker seconded by Council-
man Gage and carried that James Trelut be appointed Personnel
Commissioner as recommended.
Presby-
terian Ch.
Utilities
-
Res.1I87-9
",.,"';''''
-
HCD Citi-
zen Adv.
Com. Rep.
87-92
Cap. Imp.
~,...
--
So.Co. Alter-
natives
5477
A Request of the Gilroy Presbyterian Church for Water and
Sewer Services and the City Administrator's recommendation on
same was noted and further explained by City Administrator
Baksa. He noted that it is recommended that Deferred Development
Agreement, Development Agreement and Annexation Agreement be
entered into; 600 gal./day sewer allocation and water service
allowed pending approval of same by Morgan Hill to be presented
to the Joint Powers Sewer Advisory Committee.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mrs. Joan Harrison, Attorney representing the Church
Property, addressed the Council noting that they concur with the
recommended agreements.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
Ms. Roxie Thomas, addressed the Council requesting that the
City approve the request and support the proposed church project.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that Staff's recommendation regarding the
Agreements, sewer allocation and water service for the Gilroy
Presbyterian Church property be approved.
The Mayor thanked the Church and City Staff for working
together on this project.
The City Attorney explained a recent City Code amendment
requiring Council to designate city officials required to be
bonded with Statutory Public Official's Bonds and limits thereof.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 87-9 be waived and
that it be adopted designating the City Administrator, Director
of Finance and City Clerk be bonded with Statutory Public
Official's Bonds at $50,000.00 limits as recommended.
RESOLUTION NO. 87 - 9
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING CITY
OFFICIALS REQUIRED TO BE BONDED AND LIMITS THEREOF.
PASSED AND ADOPTED this 17th day of February, 1987 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor recommended the appointment of Ann Juri, South
County Alternatives, as the City Representative on the H.C.D.
Citizens' Advisory Committee.
Motion was made by Councilwoman Albert seconded by
Councilman Valdez and carried that Ann Juri be appointed as the
City's representative on the H.C.D. Citizens' Advisory Committee
as recommended.
The 1987-1992 Capital Improvement Program was presented for
approval.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the 1987-1992 Capital Improvement
Program be approved as presented.
The Mayor called upon South County Alternatives, Inc. for
their Mid-Year Report.
Ms. Barbara Kern, Program Manager for La Isla Pacifica
Shelter for Battered Women, addressed the Council noting that the
three Program Managers are present to give an up-date of South
County Alternatives Programs.
'"
5478
So. Valley
Intercom.
Hosp.
Res.87-10
Starritt
improve-
Const.
Mr. Billy King, Program Manager of the Drug Prevention
Intervention Component at South County Alternatives, addressed
the Council and gave an up-date on the Program.
Ms. Nan Pacheco, Program Manager of the 24 Hour Crisis
Line, addressed the Council further explaining the Program.
Mr. Albert Valencia, Executive Director of South County
Alternatives, addressed the Council thanking the City for its
support to their organization.
(The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.)
Planning Director Dorn presented and explained the Staff
Report of A/S 86-43, South Valley Intercommunity Hospital PUD
recommending approval of the 20 conditions as modified by the
letter from A. Bob Saxe, dated February 17, 1987, distributed at
this meeting.
....
IIlIII'
Mr. A. Bob Saxe, Attorney, addressed the Council, noting
that he concurs with the City's recommendations and further
explains Condition No.4.
Ms. Bonnie Simonsen, Chairperson of the Hospital Board of
Directors, addressed the Council regarding the project.
Mr. Mark Jones, Architectural representative, addressed the
Council and explained the concept of the project plan.
The Mayor requested an additional provision be required
regarding the traffic signalization.
Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that the Circulation Element as recommended by
Staff for the Hospital Project be approved.
Motion was made by Councilman Gage seconded by Councilman
Valdez that the reading of Resolution No. 87-10 be waived and
that it be adopted approving the South Valley Intercommunity
Hospital PUD to include the 20 conditions recommended by Staff as
amended per Mr. A. Bob Saxe's letter dated 2-17-87 with the
addition that there will be deferred agreements regarding traffic
signalization.
...
--
RESOLUTION NO. 87 - 10
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A
PLANNED UNIT DEVELOPMENT FOR SOUTH VALLEY INTERCOMMUNITY HOSPITAL
FOR PROPERTY BOUNDED BY COHANSEY AVENUE TO THE NORTH, NO NAME UNO
AVENUE TO THE WEST, FUTURE ARROYO CIRCLE DRIVE TO THE EAST AND
LAS ANIMAS AVENUE ONE FOURTH MILE TO THE SOUTH.
PASSED AND ADOPTED this 17th day of February, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBERS:
COUNCILMEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
~
Mr. W. J. Hanna, addressed the Council, thanking the City
for its cooperation regarding this project.
(Councilmembers Gage and Mussallem left the Council Chambers at
10:31 p.m.) " '
-
A request of Starritt Construction regarding street
....
ments was noted including the Staff Report reagendized to allow
the applicant to present the request, further explained by City
Administrator Baksa.
(Councilman Gage entered at 10:34 p.m. and took his seat at the
Council table.)
~
USA-H.C.
Miller
-
-
P.& R.Com
1-20-87
Plan. Com.
2-5-87
A/S D.Christo-
pher
Res .87-11
~"'~
-
CUP 86-56
5479
Mr. Mark Starritt, addressed the Council further explaining
his request noting that he is not in agreement with the City's
interpretation of the Deferred Development Agreement.
(Councilman Mussallem entered at 10:39 p.m. and took his seat at
the Council table.)
Mr. Starritt continued with his explanation of the matter.
The Mayor asked if Council wished to reconsider the
matter. There was no comment from any councilmember.
An application from H. C. Miller for Urban Service Area
modification was noted and Staff Report further explained by
Planning Director Dorn.
Motion was made by Councilman Palmerlee seconded by
Councilman Gage and carried that the application for Urban
Service Area modification be accepted.
The following informational items were noted:
Planning Staff Approvals, dated January 28, 1987;
Congressman Edwards re: One Year Moratorium on Testing
Nuclear Weapons;
Congressman Mineta re: One Year Moratorium on Testing
Nuclear Weapons;
Report on Investments with Maturities Exceeding One Year;
City and Santa Clara Valley Water District Correspondence
Requesting Approval of Southern Pacific Transportation Company
Permit for Culvert required in Llagas Creek Watershed Project;
and
Proclamation Issued Regarding Viet Nam Era Veteran's
Readjustment Act of 1974 in Connection with Veterans' Job
Training Program.
Councilman Valdez noted that Mr. Joe Garcia wished Council
to convey the above proclamation to employers. Council suggested
that the information be forwarded to the Chamber of Commerce to
inform their members of this matter.
The Minutes of the Parks & Recreation Commission Meeting of
January 20, 1987 and the Minutes of the Senior Citizens' Advisory
Board Meeting of December 15, 1986 were noted.
The Report of the Planning Commission Meeting of February
5, 1987 was noted.
Noted the A/S 87-2, Don Christopher Hillside Residence PUD
and Staff Report further explained by Planning Director Dorn.
Motion was made by Councilman Gage seconded by Councilman
Kloecker that the reading of Resolution No. 87-11 be waived and
that it be adopted approving the PUD as recommended for Don
Christopher Hillside Residence.
RESOLUTION NO. 87 - 11
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A
PLANNED UNIT DEVELOPMENT FOR DONALD CHRISTOPHER FOR PROPERTY
LOCATED ON WELBURN AVENUE NEAR RANCHO REAL.
PASSED AND ADOPTED this 17th day of February, 1987 by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
ALBERT
None
PALMERLEE,
COUNCILMEMBER:
COUNCILMEMBERS:
Noted Revocation of Home Occupation, CUP 86-56; and
5480
Land Use
Survey
Bldg.Bd.
of Appeals
JPSA
1-13-87
Lib.& Cult.
1-13-87
Bd.of
Appeals
Res.87-12
Bldg.Bd. of
Appeals
Appts.
Study
Session
Redvlpmt.
J.Mont-
gomery
S.C.Co.
Court Chgs.
Noted the Annual Land Use Survey.
Noted the Minutes of the Building Board of Appeals Hearing
of January 30, 1987.
Noted the Minutes of the Joint Powers Sewer Advisory Com-
mittee Meetings of January 13th and 27, 1987.
Noted the Minutes of the Library and Culture Commission
Meeting of January 13, 1987.
City Administrator Baksa presented a recommendation to
create a Seven Member Building Board of Appeals.
-
....
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 87-12 be waived and
that it be adopted creating a seven (7) member Building Board of
Appeals as recommended.
RESOLUTION NO. 87 -, 12
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CREATING A SEVEN
MEMBER BUILDING BOARD OF APPEALS.
PASSED AND ADOPTED this 17th day of February, 1987, by the
following vote:
AYES: COUNCILMEMBERS:
NOES:
ABSENT:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
None
None
COUNCILMEMBERS:
COUNCILMEMBERS:
The Mayor recommended the appointment of Mr. Ben Pappani to
replace Mr. Douglas Hollenback on the Building Board of Appeals
and Mr. Joseph Curro as the seventh member; terms expiring
January 1, 1981.
Council set February 23, 1987 at 7:00 p.m. as a Study
Session to discuss the second half of the Comprehensive Fee
Schedule and the James Montgomery Report on Sewer Fees.
City Administrator Baksa noted that redevelopment
information concerning the Downtown Area will not be available by
March 1st as previously noted; that same should be completed by
the April 6th Regular Meeting.
JIll
.....
City Administrator Baksa distributed a Technical Memorandum
No.6, dated February 9, 1987 from James Montgomery Consulting
Engineers regarding the Long-term Wastewater Facilities.
The Mayor noted a recent Reception held in honor of Miss
America that she and Councilmembers Gage and Valdez also
attended.
Councilman Valdez noted the Mayor's response to the
Dispatch Editor regarding the Board of Supervisors' Contempt of.
Court Charges.
Motion was made by Councilman Palmerlee seconded by
Councilman Kloecker and carried that Council take action on the
matter, noting tht the need to take action arose after posting of
the agenda (2-11-87).
Motion was made by Councilman Palmerlee seconded by ..
Councilman Kloecker and carried that the letter be forwarded to
the newspapers and to whoever the Board of Supervisors request it __
be forwarded.
Councilman Mussallem noted the Chamber of Commerce
Breakfast scheduled for February 18, 1987 at 6:45 a.m.
Councilman Mussallem inquired of the number of septic tanks
existing on properties within the City. Planning Director Dorn
estimated same to be approximately 20 existing septic tanks in
the City.
Adj rnmt .
At 11:23 p.m. the Mayor adjourned the meeting.
Respectfully submitted,
r"Q/!
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