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Minutes 1984/05/07 I I ! Roll Call Consent Calendar 5003 May 7, 1984 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 Mayor Roberta H. Hughan at 8:03 p.m. Present: Council t1embers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan, Council man Pate requested removal of Item "D" from the Consent Cal endar for discussion of same. Motion was made by Councilman Gage seconded by Coun- cilman Pate that the follO\<ling iteP1s excl uting Item liD" under the Consent 5004 Minutes Claim-Mrs. L. Sal ustro Calendar be approved by the following vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez, and Hughan: Approved the Mi nutes of the Regul ar Counci 1 Meeti ng of April 16, 1984; Denied a Personal Injury Claim of Mrs. Louise Salustro as recom- mended; Res. #84-33 re: Adopted Resolution No. 84-33 authorizing State Department of State Purch. General Services to purchase various types of equipment and supplies. Res. #84-34 Penalties- Barroom Permi ts Dev. Agree- Roberts Const. & Def. Dev. Agree.Obata Bros. Claim-R.M. Rangel Improvement Projects- Acceptance C.O. - E. 9th St. Assmt. Dist. Intro. Ord. re: Towi ng Serv. Regulations RESOLUTION NO. 84-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING THE DEPARTMENT OF GENERAL SERVICES OF THE STATE OF CALIFORNIA TO PURCHASE VARIOUS TYPES OF EQUIPMENT AND SUPPLIES. PASSED AND ADOPTED this 7th day of May, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; .. ''''\ I j -J re: Adopted Resolution No. 84-34 providing for a penalty provision for collection of delinquent barroom permits. RESOLUTION NO. 84-34 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING INSPECTION FEES FOR BARROOM PREMISES AND ESTABLISHING A PENALTY FOR NON-PAYMENT. PASSED AND ADOPTED this 7th day of May, 1984, by the followinq vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NUES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Approved a Development Agreement with Roberts Construction Com- pay and a Deferred Development Agreement with Obata Brothers; i I ....) Denied a Personal Injury Claim of Rose Marie Rangel as recommended; Accepted the following Improvement Projects: Barnett/Range, Tract #6663; Reeder/Silacci, Tract #0997;' Rancho Real, Phase I, Trac.t #7350; Solis Rancho, Tract #7406; and Dawn ~/a'y Extension, as recommended; Approved Contract Change Order No. 4 for East Ninth Street Et Al Assessment District, as recommended; and Introduced a proposed ordinance to be published by title and summary amending the Gilroy City Code requlating towing services, noting a wording change in same to amend chapter rather than code section. Intro. Ord. re: Discussion was had regarding a proposed ordinance amending Gilroy Agenda Items City Code Section 2.16 requiring City Council Agenda Items to be pre- sented to the City Clerk not later than 5:00 p.m. on the Tuesday pre- ceding a regular Council Meeting to conform with present practice. Pub.Hear. re: Rezoning-2nd St. -Harri son Motion was made by Councilman Pate seconded by Councilman Gage and carried that the proposed ordinance be introduced, the readinq waived, and that it be published by title and summary amending Gilroy".. City Code Section 2.16 as presented. ...- The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a rezoninq request from R2 (Two Family Resi- dential) District to PO (PrOfessional Office) District on property located at 178 and 150 Second Street, Joan and Richard Harrison, applicants. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. David V. Stout, 7477 Eigleberry Street, representing other "..., ... Pub. Hear. re: Variance Ap- peal-Garden Valley Foods Petiti on - Morey Ave. Reorg.84-1 Res. #84-35 -- .... Gi 1 roy Foods- Ind. Waste Census ",...... ; I ... Tree Haven re: Gift of Trees 5005 property owners on Church Street, addressed the Council opnosei to contri- butin0 to traffic studies or signalization alonq Church Street as a mitiga- tion measure. The Mayor asked if there was anyone further in the audience wishing to speak. There Vias no further conrnent from anyone in the audience. Motion was made by Councilman t1ussallem seconded by Councilman Gage and carried that the Public Hearina be closed. Jiscussion was had by Council on the matter. Motion was made by Councilman GaCle seconded by Councilman Valdez that the reaiing of the proposed or~in~nce rezonin0 the ~ro~erty located at 178 and 150 Second Street as recomm2rdect by the Pl3.nninr! Commission to eliminate the mitigation meaSIJre, be waived anrJ that it be published by title and summary. The r~ayor noted the Publ ic Hearing scheduled to consider an appeal of a variance request to Section 19.30 of the Zoning Ordinance to allow an increase of 21.5 feet over the maximum allowed height limitation of 35 feet, for a 56.5 foot high evaporation structure on property located at 7050 ~lonterey Street between ~~inth and Tenth Streets, Garden Valley Foods, appli- cant. She further noted the request of the applicant and concurrence by the appellant that the public hearing be continued to i~ay 21, 1984. Motion was made by Councilman Gane seconded by Councilman Pate and carried that the Public Hearina be continued to May 21, 1984, as requested. The Mayor noted receht of a petition frQ'll ,lanet and ~Jesley E. Lincoln requesting Reorganization of 15.118 acres of Uninhabited Territory to be known as "Morey Avenue Reorganization 84-1" located on the east side of Morey Avenue, between Welburn Avenue and Mantelli Drive, noting not 100% con sen t. Motion was made by Councilman Valdez seconded by Councilman Pate that the reading of Resolution ~o. 84-35 be waived and that it be adopted setting June 4, 1984, as a public hearino date for reorganization of said territory. RESOLUTION NO. 84-35 RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS "MOREY AVENUE REORGANIZATION 84-1" AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. PASSED AND ADOPTED this 7th day 0-; l1ay, 1934, by the followinq vote: AYES(:," COUNCIL [,lErr.SERS: ALBERT, G;\GE, KLGECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL l'lEMBEI\S: NCNE The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no response from anyone in the audience. A letter from Gilroy F001S re: industrial waste was noted and post- poned for discussion at their request. Councilman Pate reo!lested information reqarrJin,:! the status of the Garbage Franchise when the matter is dis:ussed. A recommendation to authorize certification of the January 1, 1984, Census of 25,543 was noted. Motion was made by Counr.ilman Ga0e seconded by Councilman Mussallem and carried that the January 1, lCJS4, census of 25,543 be certified as recDmmended. The Mayor noted a gift of,tree.s received -from Michael Bonfante/Tree Haven Nursery. Motion was made by Councilwoman Albert secanded by Councilman Valdez and carried that a letter of aopreciation be forwarded Michael Bonfante and l1ublic acknowledqement be at t:-Je May 21, 19134, regular Council Meeting. 5006 1st Assembly God Church re: Waiver of USA re- quirements Po 1 ice Dept. Plan. Com. 5/3/84 Sphere of Influence P & R Com. 4/24/84 Task Force San Ysidro Park 1984-85 Budget Nat'l Pub. Wks. Week Sales Tax Increase of A request from the First Assembly of God Church for waiver of LAFCO Urban Service Area requirements prior to annexation was noted. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Leon O.Dell, Building Committee Chairman for the Church, ad- dressed the Council further explaining said request. Motion was made by Councilman Gage seconded by Councilman Mussal- lem and carried that the request of the First Assembly of God Church be approved for waiver of LAFCO Urban Service Area requirements prior to ~ annexation as recommended by the Planning Director; same being a hard- I ship due to delay of their USA request. -- The following informational items were noted with no separate dis- cussion on same except Item No.1: Community Response to Gilroy Police Services. Councilman Pate suggested as a public relations effort that at some future date, the Police Department inform the victims of the disposition of their cases since the survey indicated that not all know what has happened to their case; Doris Clement in appreciation for allowing painting display at Ci ty Hall; Certificate of Commendation to the Gilroy Police Reserve Unit; Planning Staff Actions; and Proclamations re: IIPolice Weekll and IINeighborhood Watch Month.1I The Report of the Planning Commission Meeting of May 3, 1984, was noted. ~ Planning Director Dorn presented and explained the Sphere of In- fluence study - LAFCO. ....... Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconrled by Councilman Gage and carried that the City's Sphere of Influence Boundary be the same northerly line as the City's Boundary Agreement with Morgan Hill and the east, west and south lines coincide with those of Santa Clara County. The Minutes of the Parks and Recreation Commission Meeting of ' April 24, 1984, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of March 1984 were noted. Councilman Valdez inquired of a Council representative on the Task Force Committee re: San Ysidro Park violations of the park ordinance. Connie Rogers, Chairperson, Parks & Recreation Commission, ad- dressed the Council inviting Council Members to attend the Committee meetings, but not as a member of said Committee. It was suggested that Councilman Valdez be notified of the Committee Meetings of this Task Force. ~ City Administrator Baksa noted distribution of the 1984-85 City Budget and further explained the new format for said budget and notice.....J of Council Study Sessions scheduled for May 8, 1984, at 7:30 p.m. in the Employees. Lounge; May 14 - 7:30 p.m. - Employees' Lounge; and May 15, 7:30 p.m. - Council Chambers, to include hearings on non-profit or- ganizations requesting funrls from the 1984-85 Budget. City Administrator Baksa noted National Public Works Week ~ay 20-26, 1984. City Administrator Baksa noted information forwarded Council re- garding ~% sales and use tax increase noting that the County is request- ing City support to institute a Traffic Improvement Authority to adminis- ter the sales tax increase if approved. Council requested that said matter be agendized on the May 21, 1984, Council Agenda. P. G. & E. Rule 20 ..... , I -- Police Vehicles Prop. #18 Res. #84-36 JlIlIil'OII -- ..... ...' City/School Li a i son Com. re: Softba 11 Field 5007 City Administrator Baksa recommended award of purchase order to the State Office of Procur.ement in the amount of $45,127.07 for four (4) Dodge Diplomat Law Enforcement Sedans. Motion was made by Counci1man Gage seconded by Councilman Kloecker and carried that a purchase order be authorized to the State in the amount of $45,127.07 as recommended to be expended from the 1984-85 Budget. City Administrator Baksa recommended support of Proposition 18 regard- ing Bonds for Parks & Recreation as explained by Parks & Recreation Director during his departmental orientation this evening. RESOLUTION NO. 84-36 RESOLUTION SUPPORTING PROPOSITION 18 WHICH PLACES BEFORE THE VOTERS OF CALI- FORNIA JUNE 5, 1984, A BOND MEASURE TO PROVIDE FUNDING FOR PARKS AND RECREA- TIONAL LAND AC0UISITION, DEVELOPMENT AND OTHER RELATED PURPOSES. PASSED AND ADOPTED this 7th day of t1ay, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Councilman Gage reported on the progress regarding the Sewer Treatment Plant Operations. Councilman Kloecker reported on the Citizens' Sewer Advisory Committee Meeting scheduled for May 15, 1984, to continue review of the Draft Chapters and he complimented the engineering firm for their work with the Committee. Councilman Kloecker further noted that the proposed 2000 Transporta- tion Steering Committee would be decided upon May 8, 1984. Councilwoman Albert reported on the Annual Board Meeting of the Gilroy Foundation noting that $7,000 raised from the annual Golf and Tennis Tourna- ments and participation at the Garlic Festival was allocated to various non- profit organizations. She further noted that the Foundation will be sponsor- ing a Grant Writing Workshop and send representatives from non-profit or- ganizations to learn how to better write grant proposals. Councilwoman Albert reported that Supervisor Wilson will advise the City of the Board's action May 8, 1984, in regard to a tax relief ordinance for property owners receiving damage to their properties during the most recent earthquake. The Mayor reported that Councilman Kloecker was appointed to ABAG's Executive Board and is one of two people representing Santa Clara County. City Administrator Baksa reported that City Treasurer Reinsch will be attending a seminar on Credit Pooling for purchases funded by Revenue Sharing. Councilman Kloecker noted that he would like to have information on the City's desire to participate in the Credit Pooling Program, to report back to ABAG. Councilman Valdez reported on meetings of the City/School Liaison Committee noting that a location has not been decided upon for the proposed lighted softball field project; noting alternatives: Woman's Jr. Varsity Field at the High School, Gavilan Site; Gilroy High School site and South Valley Jr. High Site. l 5008 ICC t1eeting Adjournment .. Discussion was had regarding changing the proposed Kern Avenue Neighborhood Park to a regipnal p~rk.. . , Connie Rogers, Chairperson of the Parks' and Recreation Commission, addressed the Council, reporting that the Kern Avenue site would not be large enough for a lighted softball field. , ' Further discussi,on was had ,by COl.Jtnil on, :the matter. Motion , was made by Councilman Gage seconded by Counci1man Pate and carried that the School Board be notified that the City is in favor of utilizing 'the High School site as the City.s first priority for a lighted softball field to include lighting the tennis courts, Little ~e~gue, etc. Council man Pate i nqu i red of the Council Advi sory Gol f Course Committee Meeti ng t1ay 8, 1984; same confi rmed. r " . I I t The Mayor noted the Inter~City ,Council ,Meeting of May 10, 1984 hosted by the Town of Los Gatos. . At 9:43 p.m., th~ Mayor adjourn~~ the ~eeting. Respectfully submitted, A~~i:Y-