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Minutes 1990/05/21 5876 Invocation Posting Agenda Roll Call Intro.New Emp. Emp.Award Consent Calendar Minutes Ord.90-10 re: Churches in M1 Dist. Res.90-29 Eng.Serv. Air Toxics Inv.Prog. Bids: Vehicles Regular Meeting May 21, 1990 Gilroy, California The Mayor led the Pledge of Allegiance to the Flag. The Reverend Dr. Joe Caldwell, First Baptist Church gave the Invocation. The City Clerk reported that the Agenda had been posted on May 17, 1990 at 10:05 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 introduced New Employee, James M. Callahan, Police Officer. The Mayor presented the Employee of the Month Award for April 1990 to Dorothy Saulan, Clerk Typist II, Parks 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: Gage, Hale, Kloecker, Mussallem, Nelson, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of April 16, 1990; Adopted Ordinance No. 90-10 Amending the Zoning Ordinance to allow Churches in M1 (Limited Industrial) Districts; ORDINANCE NO. 90 - 10 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 22.30 OF THE ZONING ORDINANCE TO ADD CHURCHES AS A CONDITIONAL USE IN M1 (LIMITED INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 21st day of May, 1990, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, HALE, KLOECKER, MUSSALLEM, NELSON, VALDEZ and HUGHAN COUNCILMEMBERS: None COUNCILMEMBERS: None; Adopted Resolution No. 90-29 Naming "Bearcat Court", a Private Street; RESOLUTION NO. 90 - 29 RESOLUTION OF THE COUNCIL OF THE PRIVATE STREET "BEARCAT COURT". PASSED AND ADOPTED this 21st day vote: AYES: CITY OF GILROY NAMING A NEW of May, 1990 by the following COUNCILMEMBERS: GAGE, HALE, KLOECKER, VALDEZ and HUGHAN None None MUSSALLEM, NELSON, NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: City Administrator Baksa presented and explained a recom- mendation on a proposal of James M. Montgomery, Consulting Engi- neers, Inc. for engineering services for the Air Toxics Inventory Program. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the proposal of James M. Montgomery, Consulting Engineers, Inc. be approved for engineering services for the Air Toxics Inventory Program as recommended. City Administrator Baksa presented and explained a recommenda- tion on bids received from Fremont Ford in the amount of $108,202.31 for nine (9) police sedans. Pub. Hearing Wheeler Hosp.Assoc. Ord.90-11 ~8. 77.. ~ I I Motion was made by Councilman Valdez seconded by Councilman Kloecker and carried that the bid of Fremont Ford in the amount of $108.202.31 for nine police sedans be approved as recommended. The bids regarding trucks was continued to the next regular Council Meeting of June 4, 1990. The Mayor continued the 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 Assoc., applicant, GPA 89-4 and Z 89-5 to the June 4, 1990 Regular Council Meeting. (Continued from 2-20-90, 4-16-90, and 5-7-90.) The applicant's letter requesting continuance was noted. Discussion was had on a proposed ordinance enacting Section 15.60 (3) designating No Stopping, Standing or Parking Areas, previously introduced 5-7-90 and published by title and summary further explained by City Administrator Baksa. Mr. David Bettencourt, 7831 Hanna Street, addressed the Council presenting a survey of the residents in the vicinity of Sandrino's Restaurant requesting special parking permits to park in front of their residences. Mr. Craig Simmons, Hanna Street, addressed the Council noting that valet parking proposed by the owners of Sandrino's Restaurant would not eliminate parking of rowdy people in front of their residences. He noted that there is no crosswalk on First Street for use of Sandrino's patrons. He further requested two or three parking stickers for each residence on Hanna Street and recommended a public parking lot be constructed to alleviate parking problem on the side street. Mr. Miguel Paredes, addressed the Council and inquired about that portion of the proposed ordinance referring to standing. Mr. Alex Larson, owner of Sandrino's Restaurant addressed the Council noting that he has contracted with Jimenez Accounting Office and the Shell Service Station for lots to be used for valet parking and recommended he be allowed time to determine if this will solve the parking problem prior to establishment of no parking areas and permit parking. Mr. Mark Komorowski, 7821 Hanna Street, addressed the Council noting that valet parking will not solve the parking in front of the residences and recommended that permit parking be established. The Mayor asked if there was anyone further in the audience wishing to speak. Ms. Ann Vega, 7871 Hanna Street, addressed the Council requesting permit parking in front of the residences. Motion was made by Councilman Valdez seconded by Councilwoman Nelson that the ordinance be postponed for thirty days to see if local residents can work out the parking with Sandrino's Restaurant. Motion ~ailed by the following Roll Call ..Vote: Ayes: Councilmembers: Mussallem~ Nelson and Valdez1 Noes: Councilmembers: Gage, Hale, Kloecker and Hughan. Motion was made by Councilman Kloecker seconded by Councilman Hale that Ordinance No. 90-11 be adopted enacting Section 15.60 (3) designating No Stopping, Standing or Parking Areas. It was noted that the ordinance would become effective 6- 20-90 and that a resolution providing for permit fees could be adopted at the June 18, 1990 regular Council Meeting if needed. 5878. Parking/Tow Away Zones A.Fortino Mesa Rd. ORDINANCE NO. 90 - 11 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 15.60 (3) OF THE GILROY CITY CODE PERTAINING TO PERMIT NO PARKING AREAS. PASSED AND ADOPTED this 21st day of May, 1990 by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: GAGE, KLOECKER, HALE and HUGHAN COUNCILMEMBERS: MUSSALLEM, NELSON and VALDEZ COUNCILMEMBERS: None City Administrator Baksa presented an update on No Parking/Tow Away Zones for Vehicles over Five Tons further explained by Director of Public Works Allen. Motion was made by Councilman Gage seconded by Councilman Kloecker that tow away zones be established on the west side of Monterey Street from 650 feet south of Luchessa Avenue to 1400 feet south of Luchessa Avenue. (Failed) Police Commander Gardner addressed the Council and encouraged them to establish the above tow away zone for safety reasons. Mr. Bob Whitehouse, owner of J. Winfield's addressed the Council requesting that tow away zones not be established at this location. The motion failed by the following Roll Call Vote: Ayes: Councilmembers: Gage and Kloecker; Noes: Councilmembers: Hale, Mussallem, Nelson, Valdez and Hughan. Motion was made by Councilman Kloecker seconded by Councilman Hale that tow away zones be established on the south side of Pacheco Pass Highway from 400 feet west of Brem Lane to 400 feet east of Brem Lane; north side of Brem Lane from Pacheco Pass Highway to 750 feet west of Pacheco Pass Highway and south side of Brem Lane from 500 feet west of Pacheco Pass Highway to 750 feet west of Pacheco Pass Highway. Motion failed by the following Roll Call Vote: Ayes: Councilmembers: Gage, Kloecker and Hughan; Noes: Councilmembers: Hale, Mussallem, Nelson and Valdez. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. City Administrator Baksa presented and explained a recom- mendation on large family exceptions to the Water Conservation Program further explaining same, noting six alternatives. Mr. Kevin Levonius, addressed the Council and presented charts indicating 1987 usage of water and 1990 current usage and requested that his formula be considered. After discussion Council tabled any action on the matter until late in the summer for implementation if necessary in November-March; second portion of the program. A request of Gene Wells regarding proposed improvements of Mesa Road adjoining the Albert Fortino property was noted. Direc- tor of Public Works Allen explained the Staff Report. Planning Director Dorn explained the Tentative Map and Preliminary Map procedure. It was noted that the usual procedure is,to approve the Tentative Map prior to approving and constructing any infra- structure to a project. At 10:26 p.m. Councilman Mussallem left the Council Chambers. Mr. Bill Henry, Civil Engineer, representing the applicant, addressed the Council further explaining the proposed project. At 10:27 p.m. Councilman Mussallem returned and took his seat at the Council table. Water Exempt. Alarm Sys. Landscape Policy Council Meetings Reclamation Facility ABAG c, 8' 7 q loo..o' .." At 10:28 p.m. Councilman Valdez left the Council Chambers. At 10:30 p.m. Councilman Valdez returned and took his seat at the Council table. Mr. Bill Henry further explained the proposal noting that the improvements proposed would be from $300,000.00 to $400,000.00. Mr. Gene Wells, representing the Applicant, addressed the Council noting that he is a resident in the vicinity of the project further explaining the proposal. Public Safety Director Gillespie addressed the Council requesting that the street be widened. At 10:49 p.m. Councilman Gage left the Council Chambers. Mr. Lee Kalpin, 5405 Nicole, addressed the Council noting that he and his neighbors are in favor of the improvements proposed for R1 future development. At 10:51 p.m. Councilman Gage returned and took his seat at the Council table. Motion was made by Councilman Kloecker to deny the request. Motion died for lack of a second. Motion was made by Councilman Hale seconded by Councilman Valdez that the proposed improvement project be accepted with concessions of Fortino to be included and staff recommendations be followed. Motion failed by the following Roll Call Vote: Ayes: Councilmembers: Hale, Nelson and Valdez; Noes: Councilmembers: Gage, Kloecker, Mussallem and Hughan. Mr. Michael Bruun, 7330 Thayer requesting an exemption on his water Thursdays to Tuesdays and Saturdays. the request. Court, addressed the Council days from Mondays and Council took no action on A recommendation to revise City Code Sections relating to Alarm Systems was noted and further explained by Pulbic Safety Director Gillespie. Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of the proposed ordinance be waived, that it be introduced and published by title and summary amending Chapter 3A of the City Code pertaining to the use of building alarm systems and devices within the City. Councilwoman Nelson voted "no" on the motion. Council continued the recommendation to amend the City's existing Consolidated Landscaping Policy by Adding a new section titled "Water Conservation Requirements" to the June 4, 1990 Regular Council Meeting. Motion was made by Councilman Mussallem seconded by Council- man Gage that an ordinance amending Section 2.13(a) of the City Code be introduced, the reading waived, and published by title and summary changing City Council regular meeting time from 8:00 p.m. to 7:00 p.m. by the following Roll Call Vote: Ayes: Councilmem- bers: Gage, Hale, Mussallem, Nelson and Hughan. Noes: Council- members: Kloecker and Valdez. Council continued the Policy Statement-Satellite Reclamation Facilities item to the June 4, 1990 Regular Council Meeting. Councilman Kloecker presented and explained the City's response to ABAG proposed Regional Land Use Policy Framework for the San Francisco Bay Area. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that the City's response to the ABAG proposal be approved as presented. Council-c woman Nelson voted "no" on the motion. 5880 ObataInd. Pk. June Ballot JPA City Select. Committee City Administrator Baksa presented a request from the Obata Industrial Park for an additional sewer allocation of 3,000 gallons recommending approval. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that Obata Industrial Park be granted an additional sewer allocation of 3,000 gallons as recommended. Information was presented regarding ballot propositions 108, 111 and 116 on the June 1990 Ballot. Motion was made by Councilman Kloecker seconded by Councilman Hale that the City supports ballot propositions 108, 111 and 116 on the June 199 ballot. Councilmembers: Mussallem and Nelson voted "no" on the motion. The following informational items were noted with no separate discussion on same: City's Parks & Recreation Department in appreciation of Nob Hill Fun Run; Proclamations issued by Mayor Hughan: Hire-A-Veteran Week - May 6-12, 1990 and Poppy Week - May 14-19, 1990; Minutes of the Gilroy Visitor's Bureau Meeting of April 10, 1990 and April 1990 Financial statement; Monthly Cash and Investment Report - March 31, 1990; Charles A. Gilmore in appreciation re: Rent Control Ordinance applied to Pacific Mobile Estates; Minutes of the Housing Task Force Meeting of May 8, 1990; and Susan Jacobsen appealing decision of the Planning Commission denying variance request (appeal hearing set for June 4, 1990 Council Agenda.) It was noted that there was no change in the Sewer Plan EIR Process update. City Administrator Baksa had no update on the Water Conservation Program. City Administrator Baksa noted the City Hall Remodeling Construction project will begin next week. The Mayor noted the Santa Clara County Cities Association letter regarding upcoming vacancies for City Selection Committee appointments. Councilman Gage noted the Joint Powers Sewer Advisory Committee Meeting May 22, 1990 at 8:00 a.m. Councilman Kloecker reported that he had no update on the Recycling Program nor the Congestion Management Revised Proposal. The Mayor noted the Council Study Session, May 29, 1990 - 7:30 p.m. re: Residential Development Ordinance Review, Council Chambers, City Hall, Gilroy. Noted the Joint Special Meetings of the Gilroy/Morgan Hill City Councils', June 5, 1990 - 7:30 p.m. and June 11, 1990 - 7:00 p.m., Morgan Hill City Council Chambers, 17555 Peak Avenue, Morgan Hill, re: Discussion of Potential Certification of Sewer EIR and Selection of Sewer Plan Alternatives. Noted the Council Study Session, June 6, 1990 - 5:00 p.m., Dinner Meeting with the Project, Gilroy Senior Center, Meeting Room #1 and #2, 7351 Hanna Street. Noted the Joint Council/Planning Commission Study Session, to discuss the General Plan Housing Element Update, July 9, 1990 - 7:00 p.m., Gilroy Senior Center, Meeting Room #1 and #2, 7351 Hanna Street, Gilroy. Adjrnmt. ::801 ,> i 0 Noted the League of California Cities - peninsula Division - General Membership Meeting, May 31, 1990 - 5:30 p.m., Dunfey Hotel, San Mateo. At 12:00 midnight the Mayor adjourned the meeting. Respectfully submitted, qf~~