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Minutes 1990/04/16 Invocation Posting Agenda Roll Call Emp.Award Consent Calendar Minutes Ord.90-7 .,-",-,"" "-",,,,.,-.,,,"_--~_"""._i''''<C.',,*,_,".,,<",,__,,,,,,,,",,~, ,,c.',,,,,",,,.,Y'..,',,,, __~~:" ~___. __ M _____ 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-