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Minutes 1987/03/02 I Posting Agenda Roll Call Consent Calendar Minutes Claim- Ruth & Going Claim-Nolte Ord.87-3 Ord.1I87-4 Claim- Stand. Pacific r- Il 0 .'1 . ) /'. u \ Regular Meeting March 2, 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 26, 1987 at 11:53 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. (8:00 p.m.). The Mayor presented the Employee of the Month of January, 1987 Award to Karen Pogue, Clerk Typist II - Public Works 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 February 17, 1987; Denied Claim of Ruth & Going, Inc. as recommended; Denied Claim of Nolte & Associates as recommended; Adopted Ordinance No. 87-3 Approving a Second Amendment to a GC Sec. 65864 Development Agreement with Filice Family Estates Relating to the Development of Santa Teresa Technology Park; ORDINANCE NO. 87 - 3 AN ORDINANCE OF THE CITY APPROVING A SECOND AMENDMENT TO A GOVERNMENT CODE SECTION 65864 DEVELOPMENT AGREEMENT BETWEEN THE CITY OF GILROY AND FILICE FAMILY ESTATES RELATING TO THE DEVELOPMENT OF SANTA TERESA TECHNOLOGY PARK. PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Ordinance No. 87-4 Amending the Flood Plain Management Ordinance to conform to federal requirements; ORDINANCE NO. 87 - 4 AN ORDINANCE OF THE CITY OF GILROY AMENDING THE FLOOD PLAIN MANAGEMENT ORDINANCE TO CONFORM TO FEDERAL REQUIREMENTS. PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None Denied a Damage Claim of Standard Pacific-Northern California, as recommended; S L~, 8 2 .. I '. Claim A.Law Impts.-Dickson /L.E.Martin Bids re: Police Veh. Pub. Hear. BuenaVista tas Animas Reorg.86-2 Res.87-13 Pub.Hear. Mern Ave. Reorg.II 86-4 Denied a Damage Claim of Agnes Law as recommended; Accepted Improvements for Brent Dickson & Lloyd E. Martin as recommended; City Administrator Baksa presented a recommendation to urchase seven New Veh. Model Automobiles from the State of California $58,048.00 and allow Staff to investigate the AM-FM cassette options and if needed authorize accepting same. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that Staff be authorized to purchase seven new model automobiles from the State of California to include the AM-FM cassette option if needed as recommended. - .... The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Reorganization of Uninhabited Territory to be known as "Buena Vista-Las Animas Reorganization 86-2", containing 107 acres. (South Valley Intercommunity Hospi- tal, Applicant) nOt 100% consent. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Richard Hoenck, addressed the Council and inquired if his property was included within the proposed annexation. Staff noted that Mr. Hoenck's property was not included. The Mayor asked if there was anyone further 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 Valdez that the reading of Resolution No. 87-13 be waived and that it be adopted approving reorganization of the territory. ...... RESOLUTION NO. 87 - 13 A RESOLUTION AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION DESIGNATED AS "BUENA VISTA-LAS ANIMAS REORGANIZATION 86-2". PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Reorganization of Uninhabited Territory to be known as "Kern Avenue Reorganization II 86-4" containing 57.04 acres, City of Gilroy Applicant, not 109% consent. The Staff Report was noted and further explained by Planning Director Dorn. .~ - The Mayor asked if there was anyone present in the audience wishing to speak for or against the matter. Mr. Don Culver, 8939 Kelton Drive, addressed the Council noting his concern regarding the zoning and land use of the territory, further explained by Planning Director Dorn. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. .~".. - Res.87-14 Pub.Hear. Weed Abate. ~".. - Res.87-15 Pub.Hear. Comp.Fee Schedule pi-~~i!!Ii - C) L1 8 -;; ....'""! v The following addressed the Council and spoke in opposition to reorganization of the territory: Ms. Noel Moritz, 9035 Kern Avenue; Ms. Diane Eckhart, 9045 Kern Avenue; Ms. Ann Boykin, 8895 Kern Avenue. Planning Directorn Dorn further explained property owner's requirements to install sidewalks and improvements following reorganization of the territory. 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 Mussallem seconded by Councilman Valdez that the reading of Resolution No. 87-14 be waived and that it be adopted approving Reorganization of said Territory. RESOLUTION NO. 87 - 14 A RESOLUTION AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION DESIGNATED AS "KERN AVENUE REORGANIZATION II 86-4". PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: COUNCILMEMBERS: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN. ALBERT None PALMERLEE NOES: ABSENT: COUNCILMEMBER: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled to consider annual destruction or removal of weeds constituting a public nuisance in the City of Gilroy. She asked if there was anyone in the audience wishing to speak for or against the matter. There was no comment from anyone in the audience. The Mayor closed the Public Hearing. Motion was made by Councilwoman Albert seconded by Councilman Kloecker that the reading of Resolution No. 87-15 be waived and that it be adopted instructing the Fire Chief to abate the nuisance arising out of weeds growing upon lots or in front of properties in the City. RESOLUTION NO. 87 - 15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSASLLEM, PALMERLEE, VALDEZ and HUGHAN. None None NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: The Mayor stated that it was the time and place scheduled for a Public Hearing to consider revisions and adjustments to the Comprehensive Fee Schedule. The Staff Report was noted and further explained by City Administrator Baksa noting the recommendation to delete the 1% of gross requirement for Bingo Permits, $50.00 Permit Fee and $50.00 license fee to remain. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Jim O'Brien, representing the Building Industry Association, addressed the Council and inquired of the increase in Tentative Map, General Plan and Urban Service Area application fees. f) 1.1 8 4 ~. I Res.87-16 Rent Control City Administrator Baksa and Planning Director Dorn explained the reasoning for the proposed increases. Mr. O'Brien distributed copies of a newspaper article from the San Francisco Chronicle re: Growth Impact Fees in the Bay Area. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further 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. 87-16 be waived and that it be adopted approying the revisions and adjustments to the Comprehensive Fee Schedule as presented and amended. .. ... RESOLUTION NO. 87 - 16 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVISING THE COMPREHENSIVE SCHEDULE OF FEES CHARGED BY ALL DEPARTMENTS OF THE CITY. PASSED AND ADOPTED this 2nd day of March, 1987, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN. COUNCILMEMBERS: None COUNCILMEMBERS: None (The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience.) City Administrator Baksa presented a preliminary draft ordinance regarding Rent Control for Mobile home Parks. The Mayor recommended that the matter be tabled to allow the owners and tenants time to resolve their problems. Council set April 20, 1987 at 7:00 p.m. (prior to 8:00 p.m. Regular Meeting) to discuss the preliminary draft ordinance and requested Council be informed at that time of the progress of the' meetings scheduled with the mobile home park tenants and owners. The Mayor noted that copies of the Staff report and proposed ordinance can be obtained at the City offices. .. .... Mr. Marion T. Link, 500 W. 10th St., addressed the Council requesting that action be taken on the proposed ordinance prior to April 20, 1987. Mr. Mark Moore, 575 San Pedro, Morgan Hill, addressed the Council representing the tenants at 500 W. 10th St., Pacific Mobile Estates, and noted meetings scheduled with the tenants and park owners. Mr. William Brown, Attorney representing the Pacific Mobile Estates owners, addressed the Council further noting that meetings have been scheduled as soon as possible and that tbe owners will expend $100,000.00 over the next two years for capital improve- ments; that he had just learned that the tenants primary concern was with the rent increase issue and not improvements within the park. Ms. Peg Jensen, tenant, addressed the Council noting that she was disappointed about the meeting held March 2, 1987 between the owners and tenants. - Mr. Mark Moore, noted that a few of the new tenants have ... already received a rent increase at Pacific Mobile Estates. Ms. Jorj Tilson, Executive Director of the Manufacturing Housing Educational Trust, addressed the Council and thanked them for postponing action on the preliminary draft ordinance as she had just received same today and needs to review same prior to in- put. (The Mayor declared a Recess at 9:06 p.m. and reconvened the meeting at 9:10 p.m.) (Councilman Valdez absent.) Arcadia Dev. Sewer Alloc. lfJIt>'.,-"" - Alcoholism Adv. Brd. Hazmat Programs ....-_~_i".. Recycling Policy - .Transp. Legislation MTC St.Hwy Proposal ~~'..... ........ r:. .-1 8 C I"") ........ i ~_ A request of Arcadia Development Company requesting transfer of sewer allocation was noted including Glen-Lorna Group concurring with the request and further explained by City Administrator Baksa. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the sewer allocation transfer be authorized as recommended. (At 9:11 p.m. Councilman Valdez entered and took his seat at the Council table.) The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Paul Boss, Lexington Place, addressed the Council and inquired of the City's future plans for a bridge at the Miller Avenue Crossing. It was noted that a bridge is not planned for that location. The Mayor noted that the City's future plans are for bridges at Thomas Road and across the creek at Tenth Street and no plans for a bridge at Miller Avenue Crossing because it would be too costly at that location and a bridge is planned at Tenth Street because it is a major street. The Mayor asked Councilmembers for suggested nominations for a representative to the Alcoholism Advisory Board requested by the Santa Clara County Intergovernmental Council. A request for Countywide Coordination of Toxics/Hazmat Programs was noted and further explained by City Administrator Baksa. Motion was made by Councilwoman Albert seconded by Councilman Valdez and carried that the letter agreement for Countywide Coordination of Toxics/Hazmat Programs be approved as recommended. A request of the Santa Clara County Intergovernmental Council for support of the National Recycling Policy was noted. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the City support the National Recycling Policy recommended. Councilman Kloecker requested Council support H.R. 2 and S.B. 387Transportation Reauthorization legislation before Congress and recommended Council support Option 2 of the Metropolitan Transportation Commission's State Highway Improvement evaluation process. Motion was made by Councilman Kloecker seconded by Councilman Palmerlee and carried that Council take action on the items requested by Councilman Kloecker; same not agendized because they were received after the agenda was posted (2-26-87) and action is needed before the next regular Council Meeting. Motion was made by Councilman Kloecker seconded by Council- Councilman Gage and carried that the City supports Option 2 of the Metropollitan Transportation Commission's State Highway Improve- ment evaluation process as recommended. Motion was made by Councilman Kloecker seconded by Council- man Palmer lee and carried that the Mayor be authorized to notify Senator Cranston of the City's support on the Transportation Reauthorization legislation supporting H.R. 2 and S.B. 387 as recommended. The following informational items were noted: The National Arbor Day Foundation Naming the City as 1986 Tree City USA; Santa Clara County Traffic Authority Schedule for Final Adoption of the Measure A Strategic Plan; r ,.1 0 6 : '\ I' () ....~.t 't' P.& R. Com. 12-17-87 FEMA Maps Adjrnmt. Proclamations Issued by Mayor Hughan: Science Fair Week - AprilS-II, 1987 and Senior Expo Week - April 20-26, 1987; Gilroy Unified School District Proposed Resolution Adopting and Levying School Facilities Fee for Commercial and Industrial Development. Council requested copies of the School District's Staff Report regarding this matter; Council requested that the Mayor respond to the Gilroy Chamber of Commerce letter regarding Long-term Wastewater Facilities; Regional Leadership Forum, June 17th and 18, 1987 - Santa Clara University; ... Pacific Mobile Estates Internal Correspondence; and .... Bay Area Air Quality Management District regarding Endorsing a Model Transportation System Ordinance. The Mayor noted that a model ordinance is forthcoming at a later date for City partici- pation. The Minutes of the Parks and Recreation Commission Meeting of February 17, 1987 were noted. The Minutes of the Senior Advisory Board Meeting of January 15, 1987 were noted. The Minutes of the Gilroy Golf Course Advisory Board Meeting of January 20, 1987 were noted. City Administrator Baksa noted that training sessions will begin for an eight week period for Supervisors and Departments Heads to review supervisory training. City Administrator Baksa noted Council interview schedule and breakfast March 4, 1987 and Retreat March 7 and 8, 1987 at Ridgemark in Hollister to leave Gilroy at 7:20 a.m. - Session Schedule: 8:00 a.m. to 8:00 p.m.; March 8th - 8:00 a.m. to approximately 4:00 p.m. ... .... City Administrator noted Flood Zone Maps on the bulletin board to be reviewed by Staff, and proposed for Council approval at a future meeting. Councilman Kloecker noted that he was appointed to the Finance and Personnel Committee of ABAG. The Mayor reported on a recent meeting of the Legislators with MTC in Sacramento. Councilman Palmer lee reported on the Santa Clara Valley Water District Public Hearing regarding consolidation of the two water districts. Councilman Mussallem noted that he would attend the Gavilan Water District Meeting March 4, 1987 at 7:00 p.m. At 9:50 p.m. the Mayor adjourned the meeting. Respectfully sUbmi~ ~~~:rEINMETZ City Clerk of the City of ... ..