Minutes 1985/01/21
5100
Roll Call
Consent
Calendar
Minutes
January 21, 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. Huohan at 8:04 p.m.
Present: Council Member: Sharon A. Albert, Donald F. Gaqe,
Paul V. Kloecker, Larry Mussallem, John E. Pate, Pete Valdez and
Roberta H. Hughan.
Motion was made by Councilman Gage seconded bv Councilman
Mussallem that the following items under the Consent Calendar be
approved by the following Roll Call Vote: Aves: Council Members:
Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan.
Approved the Minutes of the Regular Council Meeting of
January 7, 1985;
Ord. #85-4
Pre zoning-
Kishimura
J!I!I"III
-
Ord. #85-5
Rezoning-
Hoodside
Lands &
Timber Corp.
......
Res. #85-7
Weed Abate-
ment
-
5101
Adopted Ordinance No. 85-4 prezonino 2.26 acres to Rl (Single
Family Residential) District located at 770 Dawn Way, west of Hesa Road,
Robert Kishimura, applicant.
ORDINANCE NO. 85-4
ORDINANCE OF THE CITY OF GILROY AMENDING THE 7,ONING ORDINANCE OF SAID
CITY BY PREZONING APPROXIMATELY 2.26 ACRES ADJOINING THE CITY OF GILROY
AT 770 DAWN WAY, WEST OF MESA ROAD, AS Rl (SINGLE FM1ILY RESIDENTIAL)
DISTRICT..
PASSED AND ADOPTED this 21st day of ,january, 19"85, by the followino vote:
AYES: COUNCIL MEHBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE,
VALDEZ and HUGHAN
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE;
NOES:
ABSENT:
Adopted Ordinance No. 85-5 rezonin~ 13.10 acres from Ml (Limited
Industrial) District to C3 (Shonpinq Center Commercial) and CM (Com-
mercial _Industrial) Districts, Woodside Lands, and Timber Corp. and
City of Gilroy, applicants.
ORDINANCE NO. 85-5
ORDINANCE OF 'rHE CITY OF GILROY AMENDING THE 7,ONING ORDINANCE OF SAID
CITY BY REZONING A 13.1 ACRE PARCEL LOCATED AT 'rHE NORT~]EST CORNER OF
MURRAY AVENUE AND LEAVESLEY ROAD FROM Ml (LIMITED INDUSTRIAL) DISTRICT
TO C3 (SHOPPING CENTER COMMERCIAL) AND CM (COMMERCIAL INDUSTRIAL) DIS-
'rRICTS.
PASSED AND ADOPTED this 21st day of January, 1985, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEH, PATE,
VALDE7, and HUGHAN
COUNCI L MEMBERS: NONE
COUNCIL MEMBERS: NONE;
NOES:
ABSENT:
Adopted Resolution No. 85-7 Declaring Certain Weeds Growing in
the City of Gilroy to be a Public Nuisance, Describing Same, and Giving
Notice of Adoption of Resolution Setting February 4, 1985, as a Public
Hearing date. '
RESOLUTION NO. 85-7
RESOLUTION OF THE COIJNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS
GROWING IN THE CITY OF GILROY ~O BE A PUBLIC NUISANCE, !)ESCRIBING WEEDS
WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NO'rICE OF THE
ADOPTION OF THE RESOLUTION BY PTffiLICATION THEREOF.
PASSED AND ADOPTED this 21st day of January, 1985, by the following vote:
AYES: COUNCIL MEMBERS: ALBER'r, GAGE, KLOECKER, MUSSALLEM, PATE,
VALDEZ and HUGHAN
COUNCIL MEHBERS: NONE
COUNCIL MEHBERS: NONE;
NOES:
ABSENT:
Int. Drainage & Accepted improvements reqardinq Interim Drainage Project and
Employ.Office Employment Office as recommended.
Projects
Bids re:
Rotary
Mower
~"ilI!l
-
Sewer Alloca-
tion-Dialysis
Center
City Administrator Baksa presented a recommendation for award of
a hid to Westoro Distributinq in the amount of $10,999.50 for a commer-
cial heavy-duty turf rotary mower.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that the bid of Westoro Distributing he awarded
in the amount of $10,999.50 as recommended for a commercial heavy-duty
turf rotary mower.
Mr. Frank Lacy, Dialysis Center, addressed the Council requesting
sewer allocation for his proposed business located in El Camino Plaza.
City Administrator Baksa recommended approval of the requested
sewer allocation noting ~hat same did not exceec 1,400 gallons per day.
Heard from Mrs. Mary Guajara in behalf of her husband who is a
dialysis patient, urging Council to approve the local center.
Motion was made by Councilman Gaqe seconded hy Councilman Valdez
and carried that the New Vallev Dialysis Center located in the El
Camino Plaza be allocated 1,400 gallons per day of sewer usage requested.
510?
RDO Sewer
Allocations
The Mayor noted Council discussion and decision for the
RDO sewer allocations. Councilman'Valdez noted that he acted as
Chairman at the recent developers' meeting regarding RDO sewer
allocation and apologized for same, noting that he was not aware
Council had intended not to participate in said meeting.
councilmembers Mussallem and Hughan noted that they would
not participate in the discussion nor vote on the matter due to
a conflict of interest and advised by counsel.
Mr. Geary Coats, representing the developers, addressed the
Council requesting that Council take no action on the matter of
ROO sewer allocation at this meeting in order for the developers
to continue their study of the matter after answers to the follow-
ing questions:
.....
-
1) What happens with remaining sewer capacities if there
is non-performance by any individual in a given year?
2) Will the City Council consider re-evaluating the resi-
dential sewage generation figures?
3) Will the City Council consider splitting.up different
categories and allocating a percentage to each category (i.e.,
single family, townhouse, R3 multi-family)?
4) will the developers be allowed to meet with the indus-
trial developers to determine if some capacity will not be used
and, if so, could this capacity be allocated to RDO allotments?
The Mayor asked if .there was anyone further in the audience
wishing to speak prior to Council discussion of the matter.
Mr. Ted Ringel, representing Silicon Valley Development,
addressed the Council and noted that he attended the meeting; how-
ever, his company has been advised by legal counsel that any re-
commendation of the builders in closed session without Council par-
ticipation can be argued as restraint of trade and recommends that
the matter be resolved in public at a study session with the City
Council present if they wish to be, with the input of city staff
and city policy because of their vested interest with the people
of this community.
......
....-
Councilman Valdez noted for the record that he attended the
RDO meeting and that Marv Higgins and a reporter from Miracle Miles
were also present at said meeting.
The Mayor noted that the decision would be made by Council
and that they can take input from anyone desired.
Mr. Lou Tersini, representing Citation Homes, addressed the
Council and noted that they have no Objection to a two-week delay;
further delay would be intolerable and they would not have a pro-
ject in 1985.
Mr. John Hoffmire, American Diversified, addressed the Coun-
cil and noted that because of necessity and legal matters, the
City has created an unbalance between industrial and.residential;
that if there is going.to be industrial, the citvshould have a
balance in residential for people coming in w~th industrial and
providing a place for them to live, and if there is additional
capacity available, it be allocated to residential.
~
Discussion was had by Council on the matter. It was noted
that if the developers are not able to make a recommendation to
Council in two weeks, it will be necessary for Council to make a
decision on RDO sewer allocation to avoid further delay; and that
Council needs to be prepared to make a decision in any event.
-
Further discussion was had by Council on the developers'
questions:
Question No. 1. Councilman Gage recommended that any capa-
city returned to the City should revert back to a general pool and
the City would have the final decision on the allocation of same.
......
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/"
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Twin City
.~
Jt. Powers
Sewer Adv.
committee
--
Pers. Com.
1/14/85
1984-85 Golf
Course
Budget
5103
Council agreedunanimouslv and the Mayor noted that this would also
apply to Ouestlon No.4. - city Administrator Raksa noted that the City
would be able to determine soon if all the industrial sewer allocations
will or will not be used when the agreements are executed and finalized.
Council YlOuld, at that time,. make the decision on where same vlill be
allocated.
Question ~o. ?. 90 qallons per person generation figures remain
at 3.13 per house~'lold a,nd re-evaluate same after a one-year period
when directed by Council.
Ouestion No.3. Council decided they would not take a position
on percentages to specific categories; that the developers make this a
part of their proposal to Council in two weeks. Mr. Coats inquired if
Council would be receptive to same. Council noted that same would be
considered. He also noted that the developers would like to assist in
gathering information regarding generation figures w~en Council directs
a re-evaluation of same.
Councilman Date requested that Council be provided with types
of units within the RDO projects at the next regular Council Meeting
when Council will be makinC" the decision regarding PDO sewer allocations.
The Mayor declared a recess at 9:22 p.m. and reconvened the
meeting at 9:30 p.m.
Mr. Paul Barrish, representing Las Animas Technology Park,
addressed the Council and reauested approval of a letter agreement
regarding their sewer allocation. Discussion was had in reqard to
said letter agreement.
Motion was made by Councilman Hussaliem seconded by Councilman
Valdez and carried that the Mayor be authorized to sign the letter
agreement on behalf of the City as presented with corrections stated
regarding construction to begin in 1985.
The Mayor asked if there was anyone further in the audience
wishing to spea~ on any matter not on the agenda.
Hr. Lloyd Martin, representing .Tasker Properties, addressed the
Council noting his inability to obtain all of his building permits for
the .Tasker Project Seyler allocations ~vi thin sixty days after signing the
aqreement; that he would need nine nonths. Council took no action on
the matter.
Council tabled action on a request of Michel Roux to create a
twin city relationship between Gilroy and St. Clar, France, to await
addi tional infornation froJ11 the Parks and P.ecreation Director, not
present at this meeting.
The following infor!'1a'cional items w':~re noted v..,i1:h no separate
discussion on same:
Chief Cowart's appoiptment to Domestic ~liolence Trainino Committee,
State of California; and
Monthly Report of city investments.
The Minutes of the ,Taint Tlo1.<!ers SeYler Advisory Committee Meeting
of January 8, 1985, were noted.
The Report of the Personnel Commission Meetino of January 14,
1985, was noted.
Motion was made by Councilman Pate seconded by Councilwoman Albert
an~ carried that the job cescription and salary ranqe recommended for
Golf Course Aide he approved.
City Administrator Baksa presented a proposed 1984-85 Golf Course
Budge:b recommending apnro,"al of same.
Motion was made by Councilman Gage seconded by Councilman Pate
and carried that the 1984-85 Golf Course Blldqet: be approved as presented.
5104
Financial Qtrly. City Administrator Baks.a distributed the Fourth Ouarter
Report Financial Reports to Council.
Res. #85-8 re:
Crime Resis-
tance Grant
Building
Permits
HCD Fund
Allocations
So. County Jt.
Plan. Proj.
City Administrator Baksa presented a recommendation for
approval of a Community Crime Resistance Program Grant.
Motion was made by Councilman Gage seconded by Councilwoman
Albert that the reading of Resolution No. 85-8 be waived and that
it be adopted as recommended.
RESOLUTION NO. 85-8
...
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RE: OFFICE OF
CRIMINAL JUSTICE PLANNING - CALIFORNIA .COMMUNITY CRIMERESIS-
TANCE PROGRAM.
PASSED AND ADOP'rED this 21st day of ,January, 1985, by the following
vote:
AYES:
-
COUNCIL MEMBERS:
NOES:
ABSENT:
CotJNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, GAGE, KLOECKER,
VALDEZ and HUGHAN
NONE
NONE
MUSSALLEM, PATE,
City Administrator Baksa recommended a Council policy that
complete building permits are required within 90 days after a
foundation permit is issued.
Discussion was had by Council on the matter. Motion was
made by Councilman Gage seconded by Councilman Mussallem and car-
ried that a policy be established as recommended that complete
building permits shall be required within 90 days after a founda-
tion permit is issued.
City Administrator Baksa noted four sewer allocation meet-
ings with the respective industrial and commercial groups: January
23, 1985, 9:00 a.m. -Industrial Park; 10:00 a.m. - Industrial/Other
Group; 3:30 p~m. - Commercial 9th St. Assessment District; and
January 24, 1985, 9:30 a.m. - Commercial/Other and Commercial Ex-
pansion.
...
....,...,...
City Administrator Baksa noted need for criteria for HCD
allocations approved by Council Januarv 7, 1985. Council author-
ized Staff to present guidelines for said criteria.
City Administrator Baksa reported on the South County Joint
Planning Project and noted that the County desires the final
agreement by Morgan Hill and Gilro;7 to be approved by resolution.
City Administrator Baksa distributed a copy of a map indi-
cating RDO approvals for review and' study by Council.
Councilman Gage reported on a recent Emergency Prepared-
ness Council Meeting January 10, 1985, including slide presenta-
tion on earthquake preparedness that he would like presented to
Council for their information. He further noted Earthquake Week
scheduled April 15-20, 1985, and an exhibition at the Expo Build-
ing in San Jose for earthquake preparedness. He further noted the
need for Gary Orr to do an evaluation on the City's documentation
for disaster preparedness.
~
City Administrator Baksa noted that he would make the
arrangements for these presentations before Council prior to a
regular Council Meeting.
-
Councilman Gage noted the Joint Powers Sewer Advisory Com-
mittee Meeting scheduled for January 22, 1985, at 8:00 a.m. to
discuss alternate interim capacitv plants.
Councilman Kloecker noted that he would give the City Ad-
ministrator information on ABAG's document, "Projections 85" for
an agenda item as he will be required to indicate the City's
approval and/or comment at the next ABAG Meeting.
..
51-05
Councilwoman Albert noted that she should have a report of the
Long-range Garlic Festival Committee and HCD Report at the next Council
~1eeting .
Councilman Valdez reported t~1at t;,e Economic Development CO!T\Inittee
Meeting was postponed to February. He further requested the City
Administrator to determine from the School District if a City/School
Liaison Meeting is ~eeded.
Councilman Mussallem reported on the South Zone Flood Control
Advisory Committee Meeting and discussion of the Thomas Road Bridge
Funding.
City Adl'linistrator Baksa noted that he ',,!ould reC-:'.lest the Department
of Public Works to include the 566 levee issue in their report to
Council on February 4.-
Councilman Valdez inquired of the Street Collector and Thorough-
fare City-wide Plan. It was noted by Staff that this is proposec_ to be
presented to Council someti~e this summer.
The Mayor reported on the recent Scoping Meeting in Seaside for
input on the Citv's long ran-:re sewer EIR noting that there was unanimous
opposition to a sewer line to the Bay.
The Mayor noted the Joint Gilroy/Morgan Hill Citv Council Dinner
Study Meeting schedllleCl for Fehruary 26, 1985, at the Harvest Time
Restaurant.
The Mayor noted the Council Study Session of January 28, 1985,
re: Comprehensive Fee Schedule.
Respectfully submitted,
g5Jlu~f:.r~~+
t
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