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Minutes 1985/08/19 5164 Roll Call Res. #85-50 Girls'L.L. Softball Team August 19, 1985 Gilroy, California Mayor ~ughan led ~h~ Pledge of Allegi~Dce to the Flag. The Regular Meeting of the Gilroy City Coun6il w~s called to order by Her Honor Roberta H. "Hughanat 8:01 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Mussa:Llem, John E. Pate, Pete Valdez, Jr. and Roberta H. Hughan. - The Mayor presented and read a resolution honoring the Gil- roy Little League Major Girls' All-star Softball Team. 'iii.>-. Motion was made by Councilman Gage seconded by Councilman Valdez that Resolution No. 85-50 be qdopted. .RESOLUTION NO. 85-50 RESOLUTION OF THE COUNCIL OF THE ,CITY OF GILROY HONORING THE GILROY LITTLE LEAGUE r~JOR GIRLS' ALL-STAR SOFTBALL'TEAM. PASSED AND ADOPTED this 19th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCI L MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NONE NONE The Mayor presented Resolution No. 85-50 to the team's representative, noting team members present in the audience. Cert. of Ser- The Mayor noted Certificates of service to' retired Com- vice missioners, Joan Buchanan and The Reverend Jose Rubio, Library and Culture Commissioners, not present in the audience., Consent Calendar Minutes Ord. #85-15 Vesting Tent. Haps Res. #85-51 """"" Motion was made by Councilman Gage seconded by Councilman Mussallem that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Councilmembers: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan: - App~oved-theMinutes of:the Regular City Council Meeting of August 5, 1985; Adopted Ordinance No. 85-15 amending the Gilroy City Code Sections 21.39 and 21.40 and enacting Section 21.83.1 providing for vesting tentative maps; ORDINANCE NO. 85-15 AN ORDINANCE OF TBE CITY OF GILROY AJffiNDING SECTIONS 21.39 AND 21.40 AND ENACTING SECTION 21.83.1 OF THE GILROY CITY CODE PRO- VIDING FOR VESTING TENTATIVE MAPS. PASSED AND ADOPTED this 19th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NONE NONE; ..... Adopted Resolutton No. 85-51 changing Morey Avenue to Santa Teresa Boulevard. ,,--~.. RESOLUTION NO. ,85-51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RENAMING MORE AVENUE, "SANTA TERESA BOULEVARD." PASSED AND ADOPTED this 19th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COTJNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NONE NONE Pub.Hear. re: Ag. Sewer System Rates & Fees - - Pub.Hear. re: Rowlison Property Acquisition 1_,"" - Res. #85-52 - ... Lib. & Cult. Commission Apptmts. 5165 The Mayor stated that it was the time and place scheduled for the Public Hearing to consider establishing rates and fees for the Agricultural Sewer System. Councilman Pate noted that he would not take part in the discus- sion nor action on same due to a conflict of interest. City Administrator Baksa recommended that the Public Hearing be continued to September 3, 1985, at the request of the industries. Motion was made by Councilman valdez seconded by Councilman Gage and carried that the Public Hearing be continued to September 3, 1985, as requested. The Mayor stated that it was the time and place scheduled for a Public Hearing O~ intent to declare pUblic necessity for acquisition of property located along Xern Avenue, Bruce Rowlison, ?roperty owner. The property owner's response was noted and further explained by Director of Public Tvorks Cox. The City Attorney reco~mended and urged Council to proceed to obtain a writ of construction. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Bruce Rowlison, property, owner, 9005 Kern Avenue, addressed the Council and explained the problem that he has with the proposal. Mr. Cal LeNeave, adjacent property owner, addressed the Council and requested an explanation from the City and/or Water District in regard to future plans regarding increased development causing water to flood his property. It was noted by the City Attorney that the matter concerning this public hearing is an underground sanitary sewer line that does not involve Mr. LeNeave's property. The City Attorney noted that the condemnation proceeding issue is price and damage to the property at 9005 Kern Avenue. The Mayor noted a need for a Study Session of the Council and that same is in order to ,explain all drainage in the an~a and that the property owners, including ~r. LeNeave, would be notified of said meeting. Motion was maG.e by Councilman '1ussallem seconded by Councilman Gage and carried that the Puhlic Hearing b~ closed. Motion was made by Councilman Pate sesoncted hy Councilman Kloecker that the reading of Resolution No. 85-52 be waived and that it be adopted declaring public necessity for acquisition of said property. RESOLUTION NO. 85-52 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING PUBLIC NECES- SITY FOR ACQUISITION OF A SANITARY SEWER EASEMENT AND TEMPORARY CON- STRUCTION EASEMENT OVER PROPER'I'Y LOCATED ALONG KERN AVENUE, GILROY, CALIFORNIA, BELONGING TO BRUCE ROWLISON. PASSED AND ADOPTED this 19th day of August, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGI'LAN "WES: ABSENT: COUNCIL ME~mERS: l\iON"S COUNCIL MEMBERS: NONE City Administrator Baksa noted that in addition to a Study Session a tour will be scheduled on-site to advise Council of the physical and visual view of drainage in the area. The Mayor recor.lffien:1ed appointr.1ent of Mary :3. Lee to fill the un- expired term of retired Librar~7 and. Culture Cor.1nissioner, the Reverend Jose Rubio, 1-]_-87; and Barbara. ]I.llen to fill the l1m~xpired term of retired Library and Culture Commissioner, ,Joan Buchanan, 1-1-88. 5166 Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Mary B. Lee and Barbara Allen be appointed Library and Culture Commissioners, as recommended. Southwest Quad Study Planning Director Dorn presented and explained the report on the Southwest Quadrant Study. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. John Filice, representin~ Santa Teresa property owners, addressed the Council and noted that if it is decided to complete the Southwest Quadrant Study at a later date, he recommends Coun- cil set official plan lines for future extension of Thomas Road and for the future extension of Tenth Street. - <"'C"'. The Mayor noted that the alignment of same could be decided prior to a decision on the actual width of the streets. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Mussallem and carried that the Southwest Quadrant Study not be performed at this time; requesting that same remain on the Plan- ning Department's Priority List. Gilroy-Manhattan A request of Gilroy-Manhattan Associates was noted for Assoc. PUD approval of a Planned Unit Development Architectural and Site A/S Review Design Review of a 33 lot residential subdivision. Councilman Mussallem noted that he would not take part in the discussion nor action on same due to a conflict of int~rest. Planning Director Dorn further explained the Staff Report noting that this matter was continued from the August 5, 1985, Council Meeting and that the Planning Commission had not acted upon same because their regular meeting was cancelled due to lack of a quorum. He noted that Staff had recommended approval of same subject to six conditions. -- - Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Architectural and Site Design for the 33 lot residential subdivision be approved as recommended. Sewer Allocation Process tion 3:00 Council set the following dates for Study Sessions: September 10, 11, 17 p.m. to 6:00 p.m. Council Sewer Alloca- and 18, 1985, from City Administrator Baksa requested that industrial and commercial users submit their letters for their requested sewer allocations so that the Staff Report can include same for the Study Sessions. L. Martin Tent. Map The Hayor noted a request of Mr. Lloyd Martin in regard to his Tentative Map denied by Council at the August 5, 1985, Coun- cil Meeting. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the Tentative Map of Mr. Lloyd Martin denied by Council at the August 5, 1985, Council Heeting, be denied with- out prejudice. ..... Res. #85-53 Director of Public Works Cox presented and explained a request for establishing Underground Utility District No.2. '\1,,,-,,,,. Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 85-53 be waived and that it be adopted. RESOLUTION NO. 85-53 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING UNDER- GROUND UTILITY DISTRICT NO.2. PASSED AND ADOPTED this 19th day of August, 1985, by the following vote: S.C. Valley Water Dist. - ... League Conf. Citizens' Adv. Com.- C of C 5167 AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor noted the Santa Clara Valley y~ater District re: Cleanup and Collection of ~rash and ~ebris Program. Councilman Mussallem noted his attendance at a recent Groundwater Conference noting public relations needed regarding homeowners being unaware of hazardous mat'erials discarded causing coritamination to ground- water; i.e., paint thinner, etc. city Administrator Baksa noted a proposed program with South Bay Chemicals for residents able to discard hazardous materials at that location. The Mayor noted a request of the League of California Cities for Council to designate deleoates for the Annual Conference in October. Motion was made by Councilman Pate seconded by Councilman Gage and carried that Mayor Hughan be designated as Voting Delegate and Coun- cilr:lan Mussalleni'\lternate for the League o~ California Cities Annual Conference in October. A request of the Gilroy Chamber of Commerce for City representa- tives on a Citizens' Advisory commit1:ee on SchOOl/Infrastructure Financ:.ng v!as noted. The Mayor appointed Councilmembers to represent the City on said Committee. mittee check with the Manufacturers Group study on this subject. Valdez, Mussallem and Kloecker She suggested that this com- who have previously done a ,"". So. Co. Housing A request of South County Housing was noted for waiver of certain Funds development impact fees. - - - City Administrator Baksa requested that this be referred to Staff for costing and consideration of how other cities are handling same. Ms. Marie Junker, representing South County Housing, addressed the Council noting that time is of the essence. Discussion was had by Council on the matter. Motion was made by Councilwoman Albert seconded by Councilman Valdez and failed by the following Roll Call Vote to allocate the $39,000.00 previously reallocated HCD Funds for a Senior Citizens' Project to South County Housing ]_f feasible and a~_locate same through '-ICD Funds: Ayes: CouncilIilemhen,: A]J>ert, Valdez and Hug'lan. Noes: Councilmembers: Gage, Kloecker, j'1ussal1er'1 and Pate. Motion was r.1Clde by r;ounci::'vToman AJ.bert seconded by r:ounr.ilman Kloecker and carried t'lat ac1:ion be deferred 0'1 the request of the Sou.th County Housing to obtain a Sta"':f Report and rer::or:rr~.endai:io'1 to determine progress of the Senior Citizens' Project and, if feasible, to reallocate the $39,000.00. Discussion was had ill. regard to a Study of ~lOW other cities are handling requests for vlaiver of: c1evelopmen'c f:ee~; and funding alternatives for low income housing. City Administrator "laksa noted that the H01.1sin'] Element is presently being studied and revised which may provide information in this regard. Council agreed to defer an additional study of other cities until after the results of the present Housing Element study is completed and if same is needed at that time. The following informational items were noted with no separate discussion on same: 5168 MOU's - Misc. Group Budget Amendment Amendment- Uniform Fire Code Softball Banquet J. Moreno Retirement Inter-Community Hosp. Proj. Jt. Study Session Study Session Hospital Proj. Adjournment City's response to County Referral for property located at 9685 Monterey Highway be'tween Cohansey Avenue and Day Road. Coun- cil requested future referrals more specifically define the location; Monthly Report of Investments; and Assemblyman Areias Te: SB.663 -relating to Air Pollution and AB 1868 relating to the State Air Resources Board. Councilman Gage reported on the State Water Control Board Hearing he attended in Sacramento. -- Councilman Mussallem noted that the Joint Powers Sewer Ad- visory Committee members are presently itemizing their expenses. ",,,,",,, The Miscellaneous Employees' Group (General and Supervisory) Memorandums'of Understanding were noted. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Memorandums of Understanding be approved as submitted. Motion was made by Councilman Pate seconded by Councilwoman Albert and carried that the Budget Amendments to reflect the ap- proved Memorandums of Understanding be approved and authorized. City Administrator Baksa recommended that the proposed amendment of the Uniform Fire Code be tabled to the September 3, 1985, Council Meeting for additional study. City Administrator Baksa noted the Annual Softball Banquet at Christmas Hill Park, August 29, 1985, at 6:00 p.m. City Administrator Baksa noted a retirement dinner in honor of John Moreno at the Golden Oak Restaurant in Morgan Hill on August 26, 1985. .... - The Mayor noted receipt of information from the Intercommunity Hospital Project for the scheduled Study Session of August 26, 1985, and request to the Chairperson of the South Valley Intercommunity Hospital Board of Trustees to change the date of the Study Session so as to not conflict with the Retirement Dinner; however, said request was denied. The Mayor welcomed Council candidates Daniel D. Palmerlee and Donald Brooks present in the audience. The Mayor noted the Joint City Council/Board of Education Dinner Study Session re: Planning for Growth, August 28, 1985 - 6:00 p.m. at the School Board Room. re: The Mayor noted the Council Study Session August 26, 1985, 7:30 p.m., in the Employees' Lounge, City Hall, with South Valley Intercommunity Hospital Board of Trustees re: Proposed Hospital Project. The Mayor ntoed the City Employees' Barbecue, August 25, 1985, 4:30 p.m., Christmas Hill Park. Councilmembers Gage and Kloecker noted that they would not be able to attend. -- At 9:52 p.m., the Mayor adjourned the meeting to September 3, 1985 (September 2, 1985 legal holiday). No>'" Respectfully submitted, ;J?4~if ~14~