Minutes 1987/03/16
Posting
Agenda
Roll Call
~""
-
Consent
Calendar
Minutes
Claim-
Gav.Water
Dist.
Dev.Agree
Cypress Pkg.
Claim-
Previts
Claim-
W.Rose
-
Imp.R.Mann
Pkg.
Dev.Agree
F.Jimenez
Bids re:
P.D.Radios
Pub.Hear.
Wm. Act
Mozzone,et al
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.....
Cl!fl7
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......, ~ v
Regular Meeting of
March 16, 1987
Gilroy, California
Mayor Hughan led the Pledge of Allegiance to the Flag.
The City Clerk reported that the Agenda had been posted on
March 12,1987 at 8:56 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. (8:03 p.m.).
The Mayor introduced New Employee, Joe E. Barrett, Building
Inspector.
The Mayor presented the Employee of the Month of February,
1987 Award to Trula Jones, Secretary - Police 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 March
2, 1987;
Denied a Claim of Gavilan Water District as recommended;
Approved Development Agreement 86-42, for Cypress Packaging
& Supply Company (Brem Lane Warehouse);
Denied a Damage Claim of Domenic Previte as recommended;
Denied a Damage Claim of Wilma Rose as recommended;
Accepted Improvements at 55 Mayock Road - Robert Mann
Packaging;
Approved Development Agreement 87-7 - Fernando Jimenez-
Parcel Map, as recommended.
City Administrator Baksa presented a report and recommenda-
tion to award the bid of Bay Area Service Center in the amount of
$9,790.50 for Portable Radios for the Police Department.
Motion was made by Councilman Kloecker seconded by
Councilman Gage and carried that the bid of Bay Area Service
Center in the amount of $9,790.50 for Portable Radios for the
Police Department be awarded as recommended.
The Mayor stated that it was the time and place scheduled to
consider an application of Robert Mozzone, Carol Petroni and Marie
Piumara for cancellation of the Williamson Act Land Conservation
Contract.
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 proposal.
Mr. A. Robert Saxe, Attorney, addressed the Council
representing the applicants and the South Valley Intercommunity
Hospital and further explained the request. He noted that he
submitted into the record two letters written to LAFCO from
himself and from Bonnie Simonsen, Chairperson of the Board of
Directors of the Hospital.
C ,,1 Q 8
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Res .1187-17
Pub. Hear.
Prezoning
Pantempo
Intro.Ord.
Pub.Hear.
Zon.Ord.
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
Valdez that the reading of Resolution No. 87-17 be waived and that
it be adopted Tentatively Approving a Petition for Cancellation of
Land Conservation Contract No. 71.147-001.
RESOLUTION NO. 87 - 17
A RESOLUTION AFTER PUBLIC HEARING OF THE CITY OF GILROY
TENTATIVELY APPROVING A PETITION FOR CANCELLATION OF LAND
CONSERVATION CONTRACT NO. 71.147-001....
PASSED AND ADOPTED this 16th day of March, 1987, by the following
vote:
AYES:
....
COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM,
PALMERLEE, VALDEZ and HUGHAN.
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Request for Prezoning to Rl
(Single Family Residential) District and PF (Park/Public
Facilities) District, Pan Tempo c/o Ferreira, Applicant.
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 proposal.
Mr. Chuy Garcia, representing the Applicant, addressed the
Council concurring with the Staff Report and recommendations.
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
Kloecker that the reading of the proposed prezoning ordinance be
waived and that it be introduced and published by title and
summary.
....
(The Mayor explained the action taken to the Government Students
present in the audience.)
The Mayor stated that it was the time and place scheduled
for a Public Hearing to Consider a Zoning Ordinance Text
Amendment.
The Staff Report was noted and further explained by Planning
Director Dorn and he noted that in regard to proposed Change #5 he
had no objection to leaving footnote (c) seven thousand (7000)
sq.ft. for pre-existing lots at the effective date of this
ordinance.
The Mayor asked if there was anyone in the audience wishing
to speak for or against the proposed changes.
Mr. David Chen, resident, addressed the Council and opposed
to changing the zoning from 7,000 sq. ft. to 8,000 sq. ft.
...
Mr. Steve Mitchell, Real Estate Broker, addressed the
Council noting that he has received complaints for a change in the ..
lot size from 7,000 to 8,000 sq.ft.
Mr. George Hay, Lotus Properties, addressed the Council
representing Mr. Pete Gimenez, 7130 Church Street, noting
opposition to changing the lot size from 7,000 to 8,000 sq. ft.
The Mayor asked if there was anyone further 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.
JillJ""~
-
Intro.Ord.
T 2000
Final Plan
Homebound
Sr. Prog.
l/!ilIIi!"'''''eI,
E.Putman
re:Fence
.........
Res.1I87-18
(SAFE)
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Gilroy Vil-
lage Shopping
Center
.....
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Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that there be no change to the pre-existing
lots of 7,000 sq.ft. (footnote (c) outlined in Proposed Change #5.
Motion was made by Councilwoman Albert seconded by
Councilman Kloecker and carried to restrict monument signs to
seven (7) feet. Councilmembers: Gage, Mussallem and Palmerlee
voted "no" on the motion.
Motion was made by Councilman Palmerlee seconded by
Councilman Mussallem and carried that the removals of permitted or
conditionally permitted uses relating to automobiles in a C2 zone
under proposed Ordinance Change #7 be deleted. Staff will study
the automobile related uses in the downtown area as a low priority
future project. The downtown merchants should be notified of this
future study when it is brought to the Council.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of the ordinance be waived, that it be
introduced and published by title and summary including all of the
proposed changes and amendments to same as noted above and
recommended changes proposed by the Planning Commission noted
under proposed Ordinance Change #4 (Pg. 21 of the Staff Report.)
Noted the County of Santa Clara's request for support of T
2000 Final Plan. Motion was made by Councilman Kloecker seconded
by Councilman Palmer lee and carried that the City support the T
2000 Final Plan to include the City Engineer's recommendations
presented and outlined.
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda. There was no comment
from anyone in the audience.
Mr. Chris Block, addressed the Council and gave an update
of the Homebound Senior Program further explaining the program.
A request of Mr. Ed Putman regarding construction of a fence
to the south of property owners at the south side of Swaner Drive
was noted and further explained by Mr. Putman. He further
requested the City require Mr. Fortino to provide a maintenance
agreement for the fence. Council suggested that the City contact
Mr. Fortino to determine if he would agree to an agreement with
the property owners as this is not a City matter.
Motion was made by Councilman Palmerlee seconded by Council-
Councilman Kloecker that the reading of Resolution No. 87-18 be
waived and that it be adopted in support of the creation of the
Santa Clara County Safety Authority for Freeway Emergencies
( SAFE) .
RESOLUTION NO. 87 - 18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REQUIRED TO
ESTABLISH SERVICE AUTHORITY FOR FREEWAY EMERGENCIES.
PASSED AND ADOPTED this 16th day of March, 1987, by the following
vote:
AYES:
COUNCILMEMBERS:
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
ALBERT, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN.
GAGE
None
PALMERLEE,
A request of Gilroy Village Shopping Center was noted re-
questing an extension on Sewer Allocation at the Southwest corner
of Tenth and Chestnut Streets, further explained by City Adminis-
trator Baksa.
Mr. Don Orosco, Orosco/Hoffman, addressed the Council and
explained the request noting that they would agree to payment of
100% of the entire building fees if the request is granted.
Motion was made by Councilman Mussallem seconded by
Councilman Gage and carried that a one (1) year extension be
granted on sewer allocation authorized Gilroy Village Shopping
Center subject to 100% of the development fees to be paid by April
1, 1987.
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Raisch
Gilroy Auto
Center
Lib.& Cult.
2-10-87
A request of Raisch Co. to place Gilroy Auto Center's sewer
allocation on a sewer allocation pool was noted and further
explained by City Administrator Baksa.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the request of Raisch Company be
authorized for placing Gilroy Auto Center's sewer allocation in a
pool with the flexibility to use same anywhere in the industrial
park for a three year period.
(The Mayor deviated from the regular agenda in order to
accommodate interested persons in the audience.)
The Minutes of the Library and Culture Commission Meeting of
February 10, 1987 were noted.
....
.."
A request for the Library and Culture Commission use of the
Old City Hall for the Annual Art Show was noted, including Staff
Reports and recommendations.
A proposal for Leasing the Old City Hall from Mr. Ed
Lazzarini was noted.
A request of Mr. Dick Smithee for extension of time to
submit a proposal for use of the Old City Hall was noted.
Chairperson Lai addressed the Council and further explained .
the use of the Old City Hall for the Art Show.
Mr. Dick Smithee, addressed the Council and requested a
Study Session with the Council, noting that he could submit a
proposal within 10 days.
Motion was made by Councilwoman Albert seconded by
Councilman Kloecker and carried that Mr. Smithee be granted 9 d/ys
to submit his proposal by March 25, 1987 and requested a Staff
Report and recommendation at the April 6, 1987 regular Council
Meeting.
.....
(The Mayor continued with the regular order of the Agenda.)
..
The following informational items were noted:
California Waste Management Board Requesting Support in
Examining the Adequacy of Receptacles to Control Litter at Public
Places;
Proclamations Issued by Mayor Hughan: Agriculture Day -
March 20, 1987 and Child Abuse Prevention Awareness Week - April
6-12, 1987;
Ford's Department Store Expansion Proposal;
Planning Staff Approvals, dated February 27, 1987;
Police Chief Cowart's Appointment as Director of the
California Police Chiefs Association Inc.;
Pastor Bruce Rowlison re: Gilroy Presbyterian Church
Proj ect;
Human Relations Commission Appointment of Police Chief
Cowart as Top Volunteer in Santa Clara County;
...
Council concurred with the Mayor that a letter be forwarded
Chief Cowart commending him for this appointment.
....
Gilroy Chamber of Commerce Visitor's Bureau Report for First
Half of 1986-87; and
County of Santa Clara re: Countywide Hazardous Waste
Management Plan.
(At 10:25 p.m. Councilman Valdez left the Council Chambers and
returned at 10:30 p.m.)
Plan. Com.
3-5-87
So.Co.Jt.
Plan.Prog.
Policy
-
Trans-
Valley
Transp.CUP
~
Appeal re:
CUP 87-3&
V 87-2
Pers.Com.
3-9-87
Job Classifi-
cations
,~."....
Water Con-
. servation
-....
Museum
Budget
iIF"........"'"
-
r; (1. 9 -11
".,.' .
The Report of the Planning Commission Meeting of March 5,
1987 was noted.
The South County Joint Planning Program Advisory Committee
Policy Recommendations were presented.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the South County Joint Planning Program
Advisory Committee Policy recommendations be approved as
presented.
A Trans-Valley Transport Use Permit Proposal was noted and
further explained by Planning Director Dorn.
Ms. Lorraine Poggione, Associate Planner, representing Ruth
& Going, Inc. for Don Triolo, addressed the Council requesting
that Council permit a transferable use permit for saleable
purposes.
Motion was made by Councilman Kloecker, seconded by
Councilwoman Albert and carried that the Planning Commission's
recommendation and conditions of Staff be supported concerning the
Use Permit for Trans-Valley Transport.
Councilwoman Albert submitted a letter appealing the
decision of the Planning Commission regarding Conditional Use
Permit 87-3 and Variance 87-2 (Leaves ley Inn) to be heard by
Council at their April 6, 1987 regular meeting.
The Report of the Personnel Commission Meeting of March 9,
1987 was noted.
Motion was made by Councilman Gage seconded by Councilman
Palmerlee and carried that job descriptions of Public Safety
Dispatcher/Clerk I & II and Public Safety Dispatcher/Clerk
Supervisor be approved as recommended.
City Administrator Baksa noted that Mr. Sig Sanchez has
requested that the matter of the Water Conservation Program
discussion be reagendized for a future meeting. Council had no
obj ection.
City Administrator Baska presented a recommendation to amend
the Museum Budget. Motion was made by Counclman Mussallem
seconded by Councilman Gage and carried that the Museum Budget be
amended as presented.
Council agreed to adjourn the meeting to Monday, March 23,
1987 at 7:00 o'clock p.m. for study of the Budget Format, Options
for a General Maintenance District and other items to be
agendized.
The Mayor distributed an invitation from the Gilroy Chamber
of Commerce regarding a Meeting March 20th at 7:30 a.m. with
Assemblyman Areias at the Chamber Office to discuss issues of
interest and concern with community leaders.
The Mayor reminded Councilmembers who have not turned in
their Policy Binders for an up-date to turn same in to the
Planning Department.
Councilman Gage reported on a meeting held last week
regarding information presented to Gilroy/Morgan Hill Joint
Chamber of Commerces by the City Administrator and Chris Cain on
the long-term wastewater treatment facilities.
City Administrator Baksa noted that in the near future
Council should compile in writing the City's positions regarding
future sewer fees and related sewer information.
The Mayor noted a Santa Clara County Haz Mat Conference
April 24, 1987 - 9:00 a.m. to 3:00 p.m.
r" A,' 90
,) l.t L
Law-Suits
Long-term
Facilities
Commuter
Train
Adjournment
Councilman Mussallem inquired of the status of the lawsuits
r~garding the sewer treatment plant expansion project and
requested that Andy Faber provlde the Council with an update on
same. City Administrator Baksa noted that Mr. Faber periodically
provides the City with updates regarding same and that this will
be agendized for Council information.
Councilman Mussallem inquired of the process to initiate
Southern Pacific involvement in a Commuter Train to San Jose. The
City Attorney noted that Cal Trans is the agency involved in
Commuter Trains. The Mayor noted that she would try to find out
who to communicate with in this regard.
Councilman Kloecker noted that he believes extensive use of
the Express Bus System would be more viable. He noted that the
bus service north of San Jose needs attention.
At 11:22 p.m., the Mayor adjourned the meeting to Monday, March
23, 1987, at 7:00 p.m.
Respectfully submitted,
~~=-:: ST~~TZ'
.