Minutes 1984/05/07
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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;
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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;
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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.
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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
"...,
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Pub. Hear. re:
Variance Ap-
peal-Garden
Valley Foods
Petiti on -
Morey Ave.
Reorg.84-1
Res. #84-35
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Gi 1 roy Foods-
Ind. Waste
Census
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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.
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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.
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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
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Police
Vehicles
Prop. #18
Res. #84-36
JlIlIil'OII
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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.
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5008
ICC t1eeting
Adjournment
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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-