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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 "'--_1 ..... Cl!fl7 ) ",. X ......, ~ 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 \ ',i- 1'1 I '-..-. . '- \" 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) -.";""" Gilroy Vil- lage Shopping Center ..... ~)489 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. r."oo ' ) I. !,' ',^ .." 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' .