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Minutes 1985/07/15 I h1 C J ,) . Jl Roll Call Intro. New Employee Las Madres Donation Con?~nt Calendar Minutes Ord. #85-10 Amend. Ch. l2A re: re- funding of bonds July 15, 1985 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy City Council was called to order by Her Honor Roberta H. Hughan at 8:05 p.m. Present: Larry Mussallem, Hughan.Absent: Council Members: Donald F. Gage, Paul V. Kloecker, John E. Pat:e, Pete. Valde.z,' Jr. . and Roberta H. Councilmember: SharonA. Albert. The Mayor introduced new employees: Laura James, Account Clerk I and Dorothy Saulan, Clerk Typist n:. A representative of Las Madres (Mothers with pre-school children) addressed the Council and.presented the Mayor with a $1,200 check to be used for Parks and Recreation equipflent at Miller Park. Gouncilman Mussallem requested that Item "E", a Resolution of appreciation to Donald F. Gage, Chairman of the Joint Powers Sewer Advisory Committee be removed from the Consent Calendar. Motion was made by Councilman Gage seconded by Councilman Pate that the following items under the Consent Calendar be ap- proved by the following Roll Call Vote removing Item "E" resolu- tion. Ayes: Councilmembers: . Gage, Kloecker, Hussallen, Pate, Valdez and Hughan. Absent: CouncilmeI1ber: Albert. Approved the Minutes of the Regular Council Meeting of July 1, 1985; Adopted Ordinance ~o. 85-10 amending Chapter l2A of the Gilroy city Code by adding Section l2A.149.l to Division 3 of Article III relating to the refunding of bonds. ORDINANCE NO. 85-10 AN ORDINANCE OF THE CITY OF GILROY, CALIFORNIl;\, AMENDING CHAPTER l2A OF THE GILROY CITY CODE BY ADDING SECTION l2A.149.l TO DIVI- SION 3 OF ARTICLE II THEREOF RELATING TO THE REFUNDING OF BONDS. PASSED AND ADOPTED this 15th day of July, 1985, by the following vote: { r , Ord. #85-11 Amend. Ch. 19 re: Se\'ler & Sewage Disposal - - Agreements re: Mutual Aid Resolution of Appreciation Res. #85-43 ..."'.. - Bids re: Fuel Tank Removal Proj. 85-4 ( pUb.Hea::ing Liability Ins. for Spec. Events - - Pub.Hear. re: Rezoning- L. Martin Z85-l 51 51 AYES: COUNCIL MEJilBERS: GAGE, KLOECKEE, MUSSflLLEM, PA."E, VALDEZ and HUGHJ\N COUNCIL :1E!fB:8:?S: lJ0Nr. COillJCIL MEB3ER: l\LBEP.T; ~\"lOES : AB3 ENT : Adopted Ordinance No. 85-11 amending Chapter 19 of the Gilroy city Code pertaining to Sewer and Sewage Disposal. ORDINANC:? NO. S5-~:.. 1m ORDINlmCE OF ':'HE CI':'Y CO~CIL OF THE. (TPYOF GILROY AMENDING CHAPTER 19 OF THE SILR~Y CITY CODE FFR'I'I\ne:NG "'(1 smmR.S AND smm';E DISPOSAL. PASSED AND ADOPTED this 15th day of ,Tuly, 1~85, 11Y the :':allowing vote: AYES: COUNCIL !-1EMBERS: GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HU~HAN COUNCIL MEMBERS: NONE COUNCIL MEMBER: ALBERT; NOES: ABSENT: Approved agreenents with South Sa.nta Clara Count:y Fire District and the California Department of Forestry fo): mu1:ual aid as recommended. Councilman Mussallem recommended that the Cities of Gilroy and Morgan Hill adopt resolutions of apprec:i_ation to Donald F. Gage, Chair- man of the Joint Powers Sewer Advisory Committee. Motion was made by Councilman Mussallem seconded by Councilman Valdez that the reading of Resolution No. 85-43 be waived and that it be adopted in appreciation of Donald F. Gage, Chairman of the Joint Powers Sewer Advispry Committee. RESOj,UTION NO. 85-43 RF.SOLUTIOH OF THE COUNCn. OF THE CI'l'Y OF GILROY OF APPRECIA'rION OF THE CITY OF GILROY TO DONALD F. GAGE, CHAIRMAN OF THE JOINT POWERS SEWER ADVISORY COMMITTEE. PASSED AND ADOPTED this 15th day of July, 1985, by the following vote: AYES: COUNCIL MEMBERS: KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMRERS: NONE ABSENT: COUNCIL MEMBER.S: ALBER'!' and GAGE City ]\.dminiGt~ator Baksa ~~ecol'lmendp.d al."ard of a bid to Safety Specialists in the amount of $11,540.00 for the Fuel Tank Removal Pr~ect 1985-4. Motion ,vas rn.ade, by Councilr12~n !.~ussaJlerf\. secon(led l:y Councilman Pate and carried that the bid of Safety Specialists in the amount of $11,540.00 be avrardec. for the :?uel Tank ~emoval project 1985-4 as recommended. It was noted that the tanks are nci ~=y own(~cl on city property. re: ~ The Mayor stated that it was the time and place scheduled for the Public Hearing to discuss the City of Gilroy's liability insurance coverage and the requirement for insurance coverage hy special events. Mr. Ronald Minqus, local insurance agent, addressed the Council and noted that the City's requirement of $1,000,000.00 liability insurance coverage for Special Events is available through January 1, 1986. The Hayor asked if there was anyone present in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman ~age and carried that the Public Hea~ing be closed. Council made no chan~e in their current insurance requirements for special events. The Mayor si:ate<= that i i: '''aG t:he tin:e 2.D(] ;?lace r;chedulen to consider a rezonin<] request of Lloy'~ Ma:-:-tin, applica;:,"=, <=rom Rl (SinsJ.(~ Family Residential) to R3 (Medium Density :<.e3id,~nUal) !)istrict on approximately 5.1 acres located on the east side of Kern Avenue, north of Ramona Way. 51 52 Intro. zoning perty Ord. Re- Pro- Pub.Hear. re: TM-85-4 L. Martin Planning Director Dorn presented and explained the Staff Report and noted a letter distributed to Council from Mr. Lloyd Martin, applicant, agreeing to a compromise, of R2 (Two Family Resi- dential) District on the southerly portion of the project. It was noted that the Tentative Map request for this property will foliow this pUblic hearing. \ The Mayor asked if there was anyone in the audience wishing to speak on the proposed rezoning. Mr. vvilliam K. Henry, Garcia & Henry, Inc., addressed the Council representing the applicant and further explained the pro- posed street alignment~'etc. -- The Mayor asked if there was anyone in the audience wishing to speak on the matter. - The following addressed the Council in opposiiton to the proposed rezoning: Mr. Lloyd Little, 825 Ramona Way; Jim Fahey, 799 Ramona Way. Mr. Bob Irving, 837 Ramona Way, addressed the Council in opposition to the proposed rezoning and presented a petition signed by approximately 72 residents. The Mayor asked if there was anyone fur~her in the audience wishing to speak on the matter. The following addressed the Council in opposition to the pro- posed rezoning: Mr. Bill Torpey, 831 Ramona Way; Mr. Don Pierce, 8561 Amanda Way; Mr. Craig Merriman, Maria Way; Mrs. Carol Fahey, 799 Ramona Way, Mr. Jerry Compton, 849 Ramona Way. The Mayor asked members of the. audience in opposition to the proposed rezoning to stand. Approximately thirty persons indicating opposition to the proposed rezonin~ stood. Mr. Paul Boykin, 8895 Kern Avenue, addressed the Council in- quiring of the proposed 94 foot road through his and the Rowlison property, further explained bv the planning Director. .... - The Mayor explained the new Interim Drainage channel. Mr. Bob Irving addressed the Council and inquired about correspondence from the Santa Clara Valley Water District to the Planning Director regarding the drainage channel. Planning Director Dorn further explained the Interim Drain- age Channel.. Mr. Lloyd Martin, a~plicant, 14010 Colombet Avenue, San Martin, addressed the Council and further explained the ?roposed.projedt. Mr. Jim Fahey addressed the Council and inquired of the available sewage for this project. City Administrator Baksa noted that the RDO allotment for this project does not guarantee a sewer allocation. Ms. Valerie Kelly, 848 Ramona Way, addressed the Council in opposition to the proposed rezoning. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. -- - Motion was made by Councilman Gage seconded by Valdez and carried that the Public Hearing be closed. was had by Council on the matter. Councilman Discussion Motion was made by Councilman Pate seconded by Councilman Gage and carried that a proposed ordinance be introduced and pub- lished by title and summary rezoning the property from Rl to R2 and R3 as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request of Lloyd .... -- ~ - Recess Pub. Hearing Overland En:'" terprises TM 85-3 - -- Res. #85-44 5153 Martin, applicant for a Residential Subdivision of 33 Lots on property located on the east side of Kern Avenue, 100 feet north of Ramona Way, on approximately 5.1 acres. city Administrator .....\aksa noted that the I'latter could be continued in order to further study the street width within the proposed Tentative Map. The city Attorney noted the nineteen recommended conditions out- lined in the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. William K. Henry, Garcia & Henry, Inc., addressed the Council representing the applicant and noted that it would be acceptable to continue this matter to work with Staff to present Council with additional information regarding the street widths, etc. Mr. Shannon Kelly; 843 Ramona 'i7ay, ad(::r.essed the Council requesting that a condition be made on t~e "c:'entative Nap t..o vTiden Kern Avenue at least past his property at t:he corner 0"= R2J:nona and Kern. Mr. Bob Irvi!lCJ addresser: the r::ouncil and inquired about school impact fees and requested consideration of arterial stop signs at Kern and Ramona Hay. It was noted that same would be considered in the traffic study for t'0.is project:. Mr. ,Terry Cor,lpton ad(1ressed the r.ouncil and requested that the skid marks on the pavement also he considered in the traffic study. Mr. Lloyd Little addressed the Counc:;il and requested that the Interim Drainage Channel project be completed as one of the conditions of the Tentative Map. City Administrator Baksa noted that the Interim Drainage Channel project is complete and noted that the 566 Project is not complete. Mr. Jim Fahey addressed the Council. noting his disturbance to Council's action regarding the rezoning of this property. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that this Public Hearing be continued to the August 5, 1985, regular Council Meeting to include further discussion of the nineteen conditions of the Tentative Map. The City Attorney noted that said conditions are available at the Planning Department. At 9:57 p.m., the Mayor declared a Recess and reconvened the meeting at 10:02 p.m. re: The Mayor stated that it was the time and place scheduled to consider a Tentative Map request of Overland Enterprises, Inc., appli- cant, for a Residential Subdivision of 46 lots located north of Mantelli Drive, west of Santa Teresa Boulevard, on approximately 6.1 acres (formerly owned by Tony Lerma) . The Staff Report was noted and further explained by Planning Director Darn. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Arnold Brunetti, representing the applicant, addressed the Council noting that the nineteen conditions were concurred with by the applicant. He further explained the quality of the proposed street and proposal of a Homeowner's Association for this project. The Mavor asked if there was anvone further in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading of Resolution No. 85-44 approvino the Tentative Map to include nineteen conditions as recommended. 51 54 RESOLUTION NO. 85-44 RESOLUTION OF THE COUNCIL OF THE CITY OF' GILROY APPROVING A TENTATIVE MA~ FOR 46 RESIDENTIAL LOTS ON 6.1 ACRES, MORE OR LESS, NORTH OF MANTELLI' DRIVE, WEST OF SANTA TERESA ,i : BOULEVARD. PASSED AND ADOPTED this 15th day of July, 1985; by the follow- ing vote: AYES: COUNCIL MEMBERS: GAGE, KLOECKER, MUSSALLEM, VALDEZ and HUGHAN NONE ALBERT PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: - The Mayor requested that Staff consider and recommend criteria regarding a density policy on hillside development for private street existing within'.' .~ Pub.Hearing re: Zone Ord.Text Amendment- J. Smolen City Administrator Baksa recommended that the scheduled Public Hearing to consider a Zoning Ordinance Text Amendment to Section 22.30 to allow additional conditional uses in the M2 (General Industrial) Zoning Districts that hav.!= specific plans, Joel Smolen, applicant, be continued to the September 16, 1985, regular Council' Meeting. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the scheduled Public Hear- ing to consider a Zoning Ordinance Text Amendment to Section 22.30 be continued to the September 16, 1985, regular Coun- cil Meeting as recommended. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. The Mayor requested the recommendat'ion t~ approve the r, C "t r Mal~' f:l1..J Senior Center Master Plan be addressed at this time. - Parks and Recreation Director Ayer explained the Staff report and introduced Mr. Paul Tuttle, consultant for the proposed plan. ~ Mr. Sam Bozzo identified the long-range needs for the elder populsation of Gilroy. Mr. Tuttle further explained the prop'osedSenior Center Master Plan. Dr. Lou Charlotte further explained the pro- posed project. City Administrator Baksa requested that the consul- tants include off-site.parking proposals in the Final Draft of the Senior Center Master Plan. Mrs. Leona Vail, representing various Senior Groups, addressed the Counci~ noting ~hat they are in favor of the proposed Master Plan as presented. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mrs. Mildred Hanna addressed the Council noting that she is in favor of the plan, however, requested various changes to include additional meeting rooms, conference rooms and additio~a~.storage and closets. Mr. Norman Chapman add~essed the Council requesting that the exhaust fans in the Bingo Room of the present Senior Center be rewired apart from the electrical switch that they are presently connect to for more efficient operation. ....... jp-.,<.M The Mayor asked if there was anyone further in the audience wishing to speak on the matter~ There was no com- ment from anyone in. the audience. Motion was made by Councilman Gage seconded by Coun- cilman Kloecker and carried that the Senior Center Master So. Valley Inter-Com. Hospital - - Pub. Hear. re: Water Ser- vice Rates - - Res. #85-45 Pub.Hear. re: Sewer Servo & Pretreat- ment Rates - - 5155 Plan be approved as presented with the elimination of the tower as shown on the Plan. A letteI: from N:::.tteoni, Saxe & Hanca wan noted regarding the SO'.lth valley Intercommunity I1ospit3.1 projest. Mr. Robert Saxe addressed the coun8il requesting that the cant be allowed to file the application Eor t:hc~ p.roI"osec1 project to a General Plan k~endnent. 1 . app._J.- prior Mr. Bob Kirk, President of Health Dimensions, addressed the Council noting 'c.hat - they have an option on a 38 acre site for the pro- posed proj ect. Hr. Sig Sanchez, 286 Fifth Street, addressec~ the Council noting tIle need to file an application prior to a General Plan Amendment. Motion was made by Councilman Pate seconded b'lCouncilman Kloecker and carried that. the requp.st to file an application:or the proposed South Valley Intercommunity Hospital prior to a General Plan Amendment be denied. It was noted that Council could consider waiving the July Urban ,Service Area deadline foX' receiving anplications if a General "plan Amendment is approved after the Julv date. The Mayor continued with the recflllar a(rencl.a. 21-)., stated that it was the time and place scheduled for a Public Hearing to consider revision and adjustment of rates for municipal water service. The revised water rate schecule was nbte~ and further explained by City Administrator Baksa who recOTilmendecl. approval of same. The Mayor asked if there was anyone in the audience wishing to speak on the matter. r~heX'e '-':'as no COFU"t1ent from anyone in the audience. Motion was made by Councilnan Gage seconded by COuncilman Mussal- lem and carried that the pu}:,lic llearing be closed. Motion was made by Councilman Gage seconded by Councilman Mussal- lem that the reading of Resolution No. 8S-45be waived and that it he adopted approving the revision and ad4ustment of rates for municipal water service, effective July 20, 1985. RESOLUTION NO. R5-45 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ES~ABLISHING RATES FOR WATER SERVICE. PASSED AND ADOP'I'ED t!1is 15th day of July, 1985, b:' the following vote: AYES: COUNCIL MEMBERS: GAGE, !:LOECKE:R, IvIUSSJJJLEH, PP;::'E, VALDE7. and HUGHAN NOES: ABSENT: com~CIL l-1E!'ffiERS: N')='1E COUNCIL 1'-1EMBER: ALBERT The Mayor stated that it was the time and nlace scheduled to consider revision and adjustment of rates and charges for municipal sewer service and charges for the pretreatment program. The Staff report ,,;as noted anr1 :Further e}{pla.inedby City Adminis- trator Baksa and recommendation to adjust sewer development fees for motels/hotels. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Dennis Bates, Las Animas Technology Pad:, addressed the Council requesting clarification of industrial users discharging only domestic wastewater, etc., and with no hazardous materials - definition of same. City Administrator Baksa noted that this is defined in the Hazardous Materials Ordinance and would be clarified. 51 56 Res. #85-46 Res. #85-47 Off-site Sewer Fees Rancho 101 JPSA 6/25/85 P & R Com. 6/18/85 Plan. Com. 7/11/85 The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no cOmIne'nt from anyone . , in the audience. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that the Public Hearing be closed. . Motion was made by Councilman Gage seconoed by Councilman Mussallem that the reading of Resolution No. 85-46 be waived and that it be adopted to include clarification of reference,to hazard- ous materials as recommended. RESOLUTION NO. 85-46 ... RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES AND CHARGES FOR THE PRETREATMENT PROGRAM (effective date August 14, 1985, to coincide with theeffecttve date of Ordinance No. 85-11). PASSED AND ADOPTED this 15th day of July, 1985, by the following vote: AYES: - COUNCIL HEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: GAGE, KLOECKER, AND HUGHAN NONE ALBERT MDSShLLEM, PATE, VALDEZ Motion was made by Councilman Mussallem seconded by Council- man Gage that the reading of ResblutionNo. 85-47 be waived and that it be adopted adjusting sewer development fees for motels/ hotels, as recommended. RESOLUTION NO. 85-47 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SEWER "OFF-SITE"CONNECTION CHARGES. PASSED AND ADOPTED this 15th day of July, 1985, vote: AYES: ADJUSTING SANITARY by the following COUNCIL MEMBERS: GAGE, KLOECKER, and HUGHAN NONE ALBERT MUSSALLEM, PATE, VALDEZ -- NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: - City Administrator'Baksa distributed copies of the City's response to the County of Santa Clara referral, part of Rancho 101 proposaL Motion was made by Councilman Pate seconded by Councilman Kloecker and carried that the Council endorses the letter drafted by the Planning Director in respon~e to Rancho 101 proposal. The following' informational items were noted with no sepa- rate discussion on same: Planning Staff Actions, July 5, 1985; Letter from Fred Schultz re: AFfordable Housing; and The Monthly Investment Report. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of June 25, 1985, were noted. ... The Minutes of the Parks and Recreation Commission Meeting of June 25, 1985, were note~. ~ The Report of the Planning Commission Meeting of July 11, 1985, was noted. Lib. & Cult. Com. The Minutes of the Llbrary arid Cultur~ Commission Meeting 6/11/85 of June 11, 1985, were noted. Personnel Com. 7/8/85 The Report of the Personnel Commission Meeting of July 8, 1985, was noted. FLSA Exempt. ., ~ - Ag. Ind. Cost- Sharing Computer Bids RDO Adjust- ments - - Jt. Gil/M.H. Meeting - League Mtg. 7-25-85 -- 5157 Ci ty Adnlinistra.tor BaJ:sa recommended ar>l'r0val of classifications to be exempt from the provisions of the Fair Labor Stan:la.rds Act. I1otion \<!as fV'.de by Councilman Gage seconded by Councilman Pate and carried that the recommended classifications presented be exempt from the provisions of the Fair Labor Standards Act. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not agendized. There was no comment from anyone in the audience. city Administrator Baksa noted that the Agricultural Industries' Cost Sharing Schedule would be presented to Council at their August 19, 1985, regular meeting. City Administrator Baksa noted that twenty-four bids had been received and are being reviewed for the new computer system. Planning Director Dorn noted that a memo would be forthcoming in regard to requests for adjustments to RDO allocation and recent meeting held on same with the developers. City Administrator Baksa noted that the Southwest Quadrant Group will be meeting in the Employees' Lounge on July 17, 1985, at 7:00 p.m. City Administrator Baksa reported that the Tenth Street Traffic Signal proposal was referred to the City Engineer and that a recommenda- tion is forthcoming. City Administrator Baksa reported on the Department Head meeting scheduled for July 19, 1985, to review the Emergency Operation Plan for an update on same. City Administrator Baksa distributed Quarterly Reports to Council. Copies of the Comprehensive Fee Schedule were distributed to Council. City Administrator Baksa gave an update on the Downtown Tour noting that interested citizens are prepared to recommend representatives for an Advisory Committee on same. City Administrator Baksa noted that this is his second anniversary with the City of Gilroy. Councilman Gage noted that he would provide transportation for those attending the Joint Dinner Study Meeting in Morgan Hill on July 16, 1985. Councilman Valdez noted a Joint City/School Liaison Meeting scheduled for 5:00 p.m. on July 17, 1985, in the Council Chambers. The Mayor noted that she had received a request of Howard Smith, City Historian, to erect a Civil War cannon on the City Hall lawn. The League of California Cities - peninsula Division Annual Meeting in Half Moon Bay, July 25, 1985, was noted. The Mayor noted the Joint Gilroy/Morgan Hill Dinner Study Session July 16, 1985, in Morgan Hill. Councilman Kloecker noted that he would not be able to attend same. The Mayor noted the Joint City Council/Board of Education Dinner Meeting scheduled for August 28, 1985 at 6:00 p.m., location to be announced. City Administrator Baksa noted the Annual League of California Cities Conference in San Francisco October 6-9, 1985. Councilman Gage noted that he would not be able to attend. 51 58 Adjournment " At ~2:l5 p.m., Tuesday, July 16, 1985, the Mayor adjourned the meeting. . Respectfully sUbmitted, ~~~ .. ~. CHy c~erk