Minutes 1990/04/16
Invocation
Posting
Agenda
Roll Call
Emp.Award
Consent
Calendar
Minutes
Ord.90-7
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586~
Regular Meeting
April 16, 1990
Gilroy, California
The Mayor announced that the Public Hearings scheduled
regarding Wheeler Hospital Building (General Plan Amendment and
Rezoning) will be continued to May 7, 1990 Regular Council Meeting.
The Mayor led the Pledge of Allegiance to the Flag.
The Reverend Moses Mariscal, Revival Chapel, gave the
Invocation.
The City Clerk reported that the Agenda had been posted on
April 12, 1990 at 9:00 a.m.
Present: Councilmembers: Donald F. Gage, Leonard A. Hale, Paul
V. Kloecker, Larry Mussallem, Sara C. Nelson, Pete Valdez, Jr. and
Roberta H. Hughan.
The Mayor presented the Employee Award for the Month of March,
1990 to James Stephens, Public Safety Dispatcher, Police & Fire
Departments.
Motion was made by Councilman Hale, seconded by Councilman
Kloecker that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Ayes: Councilmembers:
Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan:
Approved the Minutes of the Regular Council Meeting of April
2, 1990;
Adopted Ordinance No. 90-7 authorizing PERS Contract Amendment
to remove the exclusion of "Elected Officials";
ORDINANCE NO. 90 - 7
AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITYtOF
GILROY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC
EMPLOYEES' RETIREMENT SYSTEM.
PASSED AND ADOPTED this 16th day of April, 1990, by the following
vote:
5862
Res.90-21
Budget
Ord.90-8 re:
Park Hrs.
Imprvmts.
Dev.Agree.
90-15
Pub. Hear.
Wheeler
Hosp. Bldg.
Pub.Hear.
GPA 89-6
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Adopted Resolution No. 90-21 honoring and commending Richard
L. Cox, Director of Public Works, upon his retirement;
RESOLUTION NO. 90 - 21
COUNCIL OF THE CITY OF GILROY HONORING AND
L. COX, DIRECTOR OF PUBLIC WORKS, UPON HIS
RESOLUTION OF THE
COMMENDING RICHARD
RETIREMENT.
PASSED AND ADOPTED
vote:
AYES:
this 16th day of April, 1990 by the following
NOES:
ABSENT:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
Approved Budget Amendments and Transfers as recommended;
Adopted Ordinance No. 90-8 amending Section 18.7 of the City
Code pertaining to park hours;
ORDINANCE NO. 90 - 8
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 18.7 OF THE
GILROY CITY CODE PERTAINING TO PARK HOURS.
PASSED AND ADOPTED this 16th day of April, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and Hughan
COUNCILMEMBERS: None
COUNCILMEMBERS: None;
NOES:
ABSENT:
Accepted AAA Improvements at First and Kelton; and
Approved Development Agreement 90-15, West Coast Linen.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried to continue Public Hearings to consider a
General Plan Amendment and rezoning requests respectively, from
Park/Public Facility to Low Density Residential and rezoning from PF
(Public Facility) to R1 (Single Family Residential) District, on
property located at 651 Sixth Street, between Carmel and princevalle
Streets, on approximately 3.74 Acres, Wheeler Hospital Association,
applicant, GPA 89-4 and Z 89-5 to the May 7, 1990 Regular Council
Meeting (continued from 2-20-90). Noted the applicant'S letter
requesting continuance.
The Mayor stated that it was the time and place scheduled for
the continued Public Hearing to consider a General Plan Amendment
from Park/Public Facility to Low Density Residential on property
located west of Santa Teresa Boulevard, south of Day Road, on
approximately 8 acres, Barbara & Robert NOble, applicants, GPA 89-
6 (continued from 12-20-89 and 1-16-90 Regular Council Meeting).
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Gloria Ballard, M H Engineering, representing the applicant,
addressed the Council and further explained the proposal.
Sam Bozzo, representing the Gilroy Unified School District,
addressed the Council noting no objection to the General Plan
Amendment.
Res.90-22
Pub.Hears.
Gil.Med./
Dent. Ctr.
GPA 89-2 &
Z89-6
Res.90-23
Intro.Ord.
Pub.Hear.
Num.Limits
5863
The Mayor asked if there was
wishing to speak on the proposal.
in the audience. The Mayor closed
anyone further in the audience
There was no comment from anyone
the Public Hearing.
Motion was made by Councilman Mussallem seconded by
Councilwoman Nelson that the reading of Resolution No. 90-22 be
waived and that it be adopted.
RESOLUTION NO. 90 - 22
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 16th day of April, 1990 by the following
vote:
AYES:
COUNCILMEMBERS:
GAGE, HALE,
HUGHAN
KLOECKER
None
MUSSALLEM, NELSON, VALDEZ and
NOES:
ABSENT:
COUNCILMEMBER:
COUNCILMEMBERS:
The Mayor stated that it was the time and place scheduled for
the Continued Public Hearings to Consider a General Plan Amendment
and rezoning requests from Professional Office to Low Density Resi-
Residential respectively and rezoning from PO (Professional Office)
to R1 (Single Family Residential) District on property located at
the northwest corner of princevalle Street and Georgetown Place, on
approximately 1.1 Acre, Gilroy Medical Dental Center, applicant, GPA
89-2 and Z 89-6 (continued from 1-16-90 Regular Council Meeting).
The Staff Reports were noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Mr. William K. Henry, Civil Engineer representing the appli-
cant addressed the Council and further explained the proposal.
The Mayor asked if there was anyone in the audience wishing to
speak further on the proposal. There was no comment from anyone in
the audience. The Mayor closed the public hearing.
Motion was made by Councilman Gage seconded by Councilman Hale
that the reading of Resolution No. 90-23 be waived and that it be
adopted approving the General Plan Amendment and that the proposed
ordinance be introduced and published by title and summary approving
the rezoning request.
RESOLUTION NO. 90 - 23
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE GENERAL PLAN FOR THE CITY OF GILROY.
PASSED AND ADOPTED this 16th day of April, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
The Mayor stated that it was the time and place scheduled for
the Public Hearing to establish numerical limits of dwelling units
to be permitted under the requirements of the Residential Develop-
ment Ordinance for 1991, 1992 and 1993.
The Staff Report was noted and further explained by Senior
Planner Myer.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal. There was no comment from anyone
in the audience. The Mayor closed the Public Hearing.
Motion was made by Councilman Mussallem seconded by Councilman
Gage to reopen the Public Hearing to accommodate interested persons
in the audience.
5864
Res.90-24
Tow-Away
Zones
Mr. John M. Filice, addressed the Council regarding clarifica-
tion of the schedule of typical projects. He noted that it is
important to have housing on line when sewer capacity is available
and requested that numerical limits be established in 1991 and
permits issued only if sewer capacity is available, with the
developer to take the risk. He suggested that RDO competition be
set for December 1991 or January-February 1992.
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 Kloecker numerical limits be
established as recommended by Staff, zero in 1991 and 1992 and 450
units in 1993. Motion died for lack of a second.
Further discussion was had by Council. Motion was made by
Councilman Gage seconded by Councilman Kloecker that the reading of
Resolution No. 90 - 24 be waived and that it be adopted accepting
the Staff Report and recommendation as presented to include zero
numerical limits for 1991 and 1992 and 450 units for 1993.
RESOLUTION NO. 90 - 24
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING NUMERICAL
LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING PERMITS
FOR EACH OF THE YEARS 1991, 1992 AND 1993.
PASSED AND ADOPTED this 16th day of April, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Council requested a Study Session be scheduled for June or
July of 1990 to discuss RDO competition regulations.
A recommendation on No Parking and Tow Away Zones was noted
and further explained by Commander Gardner and Officer Brown. City
Engineer Allen noted road maintenance and damage problems of trucks
violating parking restrictions.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the proposal.
Mr. Tom Carmichael, 7700 Santa Barbara Drive, addressed the
Council noting that he believes that there is not a problem of
trucks parking on Murray Avenue and suggested that the red zone in
that area be lengthened to ensure visible egress and ingress from
the mobile home park main entrance.
Mr. Joseph Romeo, Wagon Wheel resident for 21 years, addressed
the Council noting that there is a problem of trucks parking on the
west and east sides of Murray Avenue in front of the Mmbile home
park. He noted that there is a potential hazard from the unknown
cargo within the trucks. He distributed pictures to Council of the
parked trucks. He noted that the roadway is also being damaged and
the mobile home residents are assessed for the improvement of said
street and requested that trucks not be allowed to park on Murray
Avenue.
Mr. Jerry Elliott, manager of SunRest Inn and Best Western
Motel, addressed the Council noting that most of the trucks parked
on Murray Avenue are empty waiting for a load, and if the trucks are
not allowed to park their vehicles on Murray Avenue he and rest-
aurants will lose considerable amount of business.
Mr. Ron Holtz, resident and manager of a restaurant on South
Monterey Street, addressed the Council noting that there were not
complaints of parked trucks in the area until Bob Lynch Ford bought
the Silver Spur property where the trucks had previously parked.
Res.90-25
.t::;86C.
v...j
Mr. Bob Whitehouse, owner of J. Winfield's Restaurant on South
Monterey Street, addressed the Council requesting additional study
on the matter and suggested that the owners of the businesses on
South Monterey street be allowed time to study the matter and
recommend to the City when they have a solution to the problem,
noting that he believes that the no-parking signs can be put in
place in some areas and removed in others to solve the truck parking
problem.
Ms. Mary Hardin, 8282 Murray Avenue, addressed the Council
noting that turcks are parking over the marked red line, also
turning around on Murray Avenue and causing a visibility problem,
refrigeration trucks operating their motors all night, causing a
maintenance problem to the street that the mobile home park
residents are assessed for same, and some trucks double-parking to
unload their cargo from one truck to another.
Mr. Trevis Berry, Sr., addressed the Council agreeing that
trucks should be required to abide by the City's parking regula-
tions, however everyone is affected in some way by trucks and they
need to have a place to park when in Gilroy.
Mr. Cal Swoboda, previous manager of Super 8 Motel, addressed
the Council noting that he had no problem with the truckers when
allowed to park on Sam Filice's property, but noted that the lot was
closed for parking of trucks.
Mr. Allen Collins, Brem Lane businessman, addressed the
Council noting that there is a truck parking problem on Brem Lane
and that the drivers should be required to obey the City's parking
regulations. He noted that he has seen repair of the fence that
holds the no-parking signs on six occasions. He urged Council to
authorize the tow-away signs where requested.
The Mayor asked if there was anyone further in the audience
wishing to speak. There was no comment from anyone in the audience.
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by Councilman
Mussallem that the reading of Resolution No. 90-25 be waived and
that it be adopted designating a no parking and tow away zone for
vehicles over five tons on the west side of Murray Avenue from
Leavesley Road to 1500 feet south of Leavesley Road.
RESOLUTION NO. 90 - 25
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING A NO
PARKING AND A TOW AWAY ZONE FOR VEHICLES OVER FIVE TONS ON THE WEST
SIDE OF MURRAY AVENUE FROM LEAVESLEY ROAD TO 1500 FEET SOUTH OF
LEAVESLEY ROAD.
PASSED AND ADOPTED this 16th day of April, 1990 by the following
vote:
AYES:
COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON,
VALDEZ and HUGHAN
COUNCILMEMBERS: None
COUNCILMEMBERS: None
NOES:
ABSENT:
Council requested Staff negotiate with the land owners and
businesses to study other areas of truck parking concern where tow
away and/or no parking signs should be installed and/or moved to
different locations and to contact the Visitor's Bureau to determine
the results of the proposal to improve the Sam Filice property
adjacent to Super 8 Motel.
Mr. David Bettencourt, 7831 Hanna Street, addressed the
Council requesting something be done about the parking of vehicles
from Sandrino's Restaurant in front of the adjacent residents
causing noise and litter problems requesting relief from same.
5866
City Connect
Cable TV
SB2067
Humane Soc.
Weigh Stn.
Mr. Mark Komorowski, 7821 Hanna Street, addressed the Council
requesting relief from vehicles parking in front of his residence
near Sandrino's Restaurant noting that the problem begins at
approximately 4:30 p.m. and again after the dinner hour from 10:00
p.m. until after closing of the business.
Council referred the matter to Staff for a recommendation on
same at the next Council Meeting of May 7, 1990.
Chuck Myer, representing Gilroy and Morgan Hill on the Arts
Council of Santa Clara County addressed the Council re: City
Connect.
(At 10:30 p.m. Councilman Gage left the Council Chambers.)
Mr. Bob Chadwick, attorney and Past President of the Arts
Council of Santa Clara County, addressed the Council regarding City
Connect and invited Council to attend their program on April 28,
1990 from 10:00 a.m. to 4:00 p.m. at the Triton Museum of Art in
Santa Clara.
(At 10:31 p.m. Councilman Mussallem left the Council
Chambers.)
A request of Contel for support of Cable TV Legislation was
noted.
(At 10:33 p.m. Councilman Gage returned and took his seat at
the Council table.)
Mr. William Hendershot, coordinator of Community Affairs of
Contel, addressed the Council further explaining the Cable TV
Legislation, SB 1068 and HR 1027 and requested adoption of a
resolution supporting telephone company participation in the
delivery of cable television service.
Mayor Hughan noted that she cannot participate in the
discussion nor action on the matter due to a conflict of interest as
an Advisory Board Member of Contel.
Mr. Jim SChroeder, representing Falcon Cable, addressed the
Council requesting that the Council take no action on the matter at
this meeting for further study on the matter.
(At 10:40 p.m. Councilman Mussallem returned and took his seat
at the Council table.)
Motion was made by Councilman Valdez to support the telephone
company participation in the delivery of Cable TV. Motion died for
lack of a second.
The Mayor continued with the regular order of the Agenda.
A request of the City of Agoura Hills was noted for support of
Senate Bill 2067 (Davis) regarding establishment of a pilot project
to allow the placement of freeway logo signs for traveler-related
businesses along Route 101, between Calabasas and the City of
Camarillo.
Motion was made by Councilwoman Nelson seconded by Councilman
Hale and carried that Council supports Senate Bill 2067 for
establishment of the pilot project requested by the City of Agoura
Hills.
A request of the Humane Society of Santa Clara Valley for
funding for wildlife services was noted. Council took no action on
the matter.
A recommendation on the truck weigh station proposal at the
southeast corner of SR 101 and Buena Vista Avenue was noted.
JPA
Plan. Com.
4-5-90
Pers.Com.
4-9-90
Water Cons.
Prog.
M.C.Fiorio
City Water
Cable-
casting
Qtr.Reports
5867
Motion was made by Councilman Hale seconded by Councilman
Kloecker and carried to approve the recommendation on the truck
weigh station proposal as presented.
The following informational items were noted with no separate
discussion on same:
Transportation Events in Santa Clara county Inviting the City
to Participate and noted League of California Cities re: Proposition
111 and 108 on the June 1990 Ballot;
Proclamations Issued by Mayor Hughan: Fine Arts Month - May
1990 and Victims of Pornography Week - 2nd Week of May, 1990.
Councilwoman Nelson thanked the Mayor for issuance of said
proclamation.
Planning Staff approvals, dated March 30, 1990;
Info Publication - Advance Planning Office of County of Santa
Clara, Issue #90-1A, March 23, 1990;
Gilroy Foundation Grant to Gilroy Parks & Recreation
Department;
Shapell Industries re: San Jose Mercury Newspaper Article re:
Reclaimed Water for Park Use;
Recommendation to Approve "No Parking" Zones;
Police Department Employee of the Month of March, 1990,
Officer Brenda Bergman;
Falcon Cable Systems Company Letter to Customers re: Channel
Additions, Channel Re-positioning and Basic Rate Adjustment;
City's Response to Complaints of Parking on First Street,
Westwood Drive and Kern Avenue at Buttercup Lane; and
Gilroy Hispanic Chamber of Commerce Community Social Honoring
Phil Valenzuela, Personnel Director and Risk Manager, April 19, 1990
at 5:00 p.m. - 8:00 p.m., Forest Park Inn, Leavesley Road.
The Joint Powers Sewer Advisory Committee schedule was noted
with no change from March 19, 1990.
The report of the Planning Commission Meeting of April 5, 1990
was noted.
The Minutes of the Personnel Commission Meeting of April 9,
1990 were noted.
Motion was made by Councilman Kloecker seconded by Councilman
Gage and carried that job descriptions for Public Safety Communica-
tor I and II and Multi-Service Officer (MSO) be approved as
recommended.
City Administrator Baksa noted no update on the Water
Conservation Program.
A request of Mario C. Fiorio, Thomas Road, was noted for use
of City water for domestic purposes in the event of an emergency.
Motion was made by Councilman Kloecker seconded by Councilman
Gage and carried that Mario C. Fiorio, Thomas Road be allowed use of
City water for domestic purposes only, in the event of an emergency.
City Administrator Baksa gave and update on cablecasting,
noting that same would be agendized on the next regular Council
agenda for a recommendation on same.
City Administrator Baksa distributed copies of the Quarterly
Reports.
586g
Reclama-
tion Plant
SCCCA
Recycling
Adjrnmt.
City Administrator Baksa distributed a report from James
Montgomery Engineers on review of the Shapell Project regarding a
Reclamation Satellite Plant, noting same would be an issue and
discussed in July under the Residential Development Ordinance.
Councilman Mussallem noted that the reclamation proposal
should be discussed prior to the RDO discussion as to whether it is
a potential viable proposal for the City or not. City Administrator
Baksa noted that same would be agendized for the May 7, 1990 meeting
as to whether same is a conceptual viable project or not. Coun-
Councilman Mussallem requested a Staff recommendation be included.
City Administrator Baksa distributed a City of Morgan Hill
Staff Report regarding a regional sewer plant.
Council cancelled the April 30, 1990 study Session regarding
the adoption of the 1988 Fire Code with amendments due to Gilroy
Foods, Inc. unable to attend said meeting regarding Article 90
(Toxic wastes). Council agreed that the 1988 Uniform Fire Code with
Amendments excluding Article 90 would be agendized for Council
consideration at the May 7, 1990 Council Meeting with a Staff Report
indicating any proposed changes from the previous adopted Uniform
Fire Code.
The Mayor distributed the Consultant's proposal for appoint-
ment of Citizen's Participation Program and noted that same would be
discussed at the next regular Council Meeting of May 7, 1990.
The Mayor encouraged Councilmembers to attend the Santa Clara
County Cities Association General Membership Meeting on April 26,
1990 in Cupertino and to make reservations with the City Clerk.
Councilman Kloecker noted a recycling equipment demonstration
at the San Martin disposal site on April 17th at 8:00 a.m.
City Administrator Baksa noted the Finance Department is
moving their offices to the Employees Lounge and Department of
Public Works next week due to the City Hall remodeling project.
The Mayor noted the Council study Session of April 23, 1990 at
7:00 p.m. in the Council Chambers re: discussion of sewer alterna-
tives for providing capacity needed by the Cities of Gilroy and
Morgan Hill during construction of a separate Morgan Hill Plant as
proposed by James M. Montgomery, Consulting Engineers.
Noted the City Council Study Session April 30, 1990 cancelled.
Noted the Building Industry Association - Southern Division,
Seminar and Dinner, April 19, 1990 at 3:30 p.m., Red Lion Inn, 2050
Gateway Place, San Jose, CA to be attended by Gilroy Chamber of
Commerce and Gilroy City Councilmembers.
At 11:16 p.m. the Mayor adjourned the meeting to a Closed
Session regarding a personnel matter.
At 11:27 p.m. the Mayor reconvened the meeting and further
adjourned.
Respectfully submitted,
A~~~J9-