Minutes 1985/12/02
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December 2, 1985
Gilroy, California
The Boy Scout Troop No. 708 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 8:03 p.m.
Roll Call
Present: Councilmeribers: Sharon A. Albert, Donald F. Gaqe, Paul
V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr.
and Roberta H. Hughan.
Intro. New
City Emp.
The Mayor introduced new.City Employees, Firefighters Ed Bozzo,
Scott Kouns and Colin Martin.
Consent
Calendar
Motion was made by Councilman Gage seconded b'l Councilman
Kloecker that the following items under the Consent Calendar be approved
by the following Roll Call vote: Ayes: Councilnermers: Albert, Gage,
Kloecker, Mussallem, Palmerlee, Valdez and Hughan:
Mintues
Approved the Minutes of the Regular Council Meeting of November
18, 1985;
Dev. Agreements- Approved Development Agreements with American Diversified and
Am. Diversi- with Victor LoBue, Jr. and a Deferred Development Agreement with Gilroy
fied & V., Foods, Inc. as recoElnended.
LoBue, Jr.;
Gilroy Foods
Ind. Dev.
Authority-
Roll Call
Industrial Development Authority
Present: Directors: Albert, Gaqe, Kloecker, ussallem, Palmerlee,
Valdez and Hughan.
Noted receipt of Industrial Development Bond Application - Las
Animas Inn, a California Limited Partnership.
Res. #85-2
Motion was made by Director Gage seconded by Director Mussallem
that the reading of Resolution No. 85-2 be waived and that it be adopted
for acceptance of application of Las Animas Inn, a California Limited
partnersh.ip.
RESOLUTION NO. 85-2*
A RESOLUTION OF ACCEPTANCE 'OF APPLICATION OF LAS ANIMAS INN, A CALIFORNIA
LIMITED PARTNERSHIP.
PASSED AND ADOPTED this 2nd day of December" .1985, by the following vote:
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Res. #85-3
Pub.Hear. re:
Draft EIR-
Uvas Park
Preserve
Hearing re:
Appeal-Bldg.
@ Rossi Ln.
& Mayock Rd.
AYES:
DIRECTORS: ALBER~, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
DIRECTORS: NONE .. , ,:
DIRECTORS: NONE
NOES:
ABSENT:
* This reso lution nu (l and void. To.be adopted by City Counci l ~
not Industrial Development Autho~ity; proposed to be adopted
December 16~ 1985.
Motion was made by Director Gage seconded by Director
Mussallem that the reading of Resolution No. 85-3 be waived and
that it be adoptedof'Determination and of Lntention.toundertake
project for Las Animas Inn, a California Limited partnership, and
to issue bonds therefor.
"I~""""
....
RESOLUTION NO. 85-3*
A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT
FOR LAS ANIMAS INN, A CALIFORNIA LIMITED PARTNERSHIP, AND TO ISSUE
BONDS THEREFOR.
PASSED AND ADOPTED this 2nd day of December, 1985, by the following
vote:
AYES:
NOES:
ABSENT:
DIRECTORS:ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGHAN
DIRECTORS:NONE
DIRECTORS:NONE.
* This resolution null and void. To be adopted by City Council~
not Industrial Development Authority; proposed to be adopted
December 16~ 1985.
The Mayor' adjourned the meeting ::of. the Industrial Develop-
ment Authority.
The Mayor st~ted that it was the time and place scheduled
for a Public Hearing to consider a Draft-EIR for the Uvas Park
Preserve on property located along.either side of the UvaS Creek
Channel from the South Valley Freeway, northwest to Twin Bridges
on Hecker Pass Road (Hwy. 152) on approximately 410 acres.
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The Mayor noted she would conduct the Public Hearing but
not participate in the discussion nor vote on the matter due to
a conflict of interest in the proposed ter.ritory.
"
Planning Director Dorn noted the Staff Report and further
explained the Draft.. EIR.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter. There was nocomment.from anyone
in the audience.
Motion was made by Councilman Mussallem seconded by Coun-
cilman palmerlee and carried that the Public;:: He'aringbe closed.
Motion was made by Councilman Gage seconded by Councilman
Mussallem and carried that the EIR for the Uvas Park Preserve be
approved as presented. 2.\
The Mayor stated "that it "was the time and place scheduled
for a Hearing to consider an appeal on the decision of the Plan-
ning Commission re: approval of a metal building proposed to be
erected at the immediate nor:thwest corner of Rossi Lane and Mayock
Road.
""'111
""*'"
The Staff Report was noted and further ~xplained.by Plan-
ning Director Dorn.
The Mayor asked if there was anyone present in the audience
wishing to speak on the matter.
Mr. Ed Sanchez, Del Monte Developers, also representing
Obata Bros., addressed the Council and noted that they proposed
to conform to standards required; however, believe said standards
are inconsistent. .
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The Mayor asked if there was anyone further in the audience
wishing to speak.
Mr. Al Woolworth addressed the Council objecting to the erection
of said metal building.
Mr. Elliott Rosenberq, Fuller Commercial Brokerage, representing
Del Monte and Obata Bros., addressed the Council and noted concern about
the project, its immediate vicinity and long-term aspects of the project.
He requested that the high standards be maintained throughout the South-
side Business Park and surrounding area.
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--
Mr. Robert Mann, Elko Drive, Sunnyvale, addressed the Council
noting that they are in accord with the proposed conditions from 1
through 10; that the remaining conditions would not make the project
;feasible.
Mr. Tom Cave, legal counsel for the vroposed project, addressed
the Council further explaining same and what the applicant has agreed
to in respect to complying with the required conditions.
Mr. Ted Kubota, resident of Gilroy, addressed the Council urging
Council to accept the erection of the proposed metal building.
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 Councilman Kloecker
and carried that the Hearing be closed. Discussion was had by Council
on the matter.
Motion was made by Councilman Mussallem seconded by Councilwoman
Albert and carried that the matter be continued to the December 16, 1985
regular Council Meeting for a report back to Council with the hope that
Mr. Mann and Staff can reach some accommodation as to the suggestions
in Condition No. 11, satisfactory to Staff.
.......
--
Firefighters'
M.O.U.'s
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the Firefighter's Memorandums of Understanding
be approved as submitted.
It was noted that the Police M.O.U.'s had not been received.
San Ysidro Pk. A report of the San Ysidro Park use Report was noted and further
explained by Parks and Recreation Commission Chairperson Rogers who
reported on the Task Force Meetings, and further explained by Parks and
Recreation Director Ayer.
Hs. Mary Ellen Bina, resident of Gilroy, addressed the Council
supporting the reco~endation of the Parks & Recreation Commission and
distributed infor~ation on Drug liliuse that she uses in her occupation
as a Deputy Probation Officer and urged Council to establish a Substance
Abuse Task Force as recommended and increase the City's overall police
surveillance which she believes will serve the entire community and
nto one specific pa.rk.
Mrs. patricia Bentson, 490 Lewis Street, addressed the Council
concurring with the Report and requested that police representation be
at the proposed Study Session.
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Ms. Roxanne Wetzel, representing Las Madres Counsel and various
other parenting groups of the City, addressed the Council noting that
she has met with various officials of the community and recommends
establishment of a Substance l~buse ':'ask Force. 'rhe Mayor requested that
Ms. Wetzel prepare a letter of her testimony C'.r,d present same to Council-
members.
Council set January 27, 1985, at 7:00 p.m. as a Study Session
regarding the san Ysidro Park issue. Councilmah Valdez encouraged
citizen participation and recommendations to Council. The Mayor
suggested that a representative ~f the County Drug Abuse Commission
be invited to the Study Session.
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A/S 85-39
P. D. Addi-
tion
Motion was made by Councilman Gage seconded by Councilman
Mussallem and .carried that the Negative Declaration be.. approved
for A/S 85-39, Police Department Addition, as recommended.
Commission
Candidates
The Mayor asked if there was anyone in the audience wishing
to speak on their interest to commission.and advisory committee
appointments to be made at the December 16,1985, regular Council
meeting.
The following addressed the Council indicating their interest:
Debbie Nelson, Library & Culture Commission; Jeanne Gage,
Library & Culture Commis~ion; Patricia Bentson; Parks & Recreation
Commission.
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--
It was noted by the Mayor that candidates could submit their
resumes no later than December 11, 1985, for commission and com-
mittee vacancies.
Councilman Gage suggested that palnning Commission candi-
dates not selected for said commission be contacted for possible
interest in other commission appointments.
The Mayor noted receipt of additional resumes from Mercy
MOllinedo-Goold, Parks & Recreation Commission, and Michael
Meehan, Personnel Commission.
Plan. Com.
Vacancy
The Mayor recommended Connie Rogers to fill the unexpired
term of Daniel D. Palmerlee (1-1-88)..
Motion was made by Councilman Kloecker seconded by Council-
woman Albert and carried that Connie Rogers be appoined Planning
Commissioner to fill the unexpired term of Daniel D. Palmerlee
(1-1-88) to become effective immediately, as recommended.
The Mayor recommended the appointment of Gene 'Sakahara and
Leonard Hale to the Planning Commission vacacies effective 1-1-86
for four year terms expiring 1-1-90.
...
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Motion was made by Councilman.Kloecker seconded by Council-
man Palmer lee and carried that Gene Sakahara and Leonard Hale be
appointed to the Planning Commission effective 1-1-86 for four-
year terms expiring 1-1-90, as recommended.
So. Flood
Zone Rep.
The Mayor recommended the nomination of Councilman Mussallem
for reappointment to the South Flood Zone of the Santa Clara Valley
Water District as the City's representative.
Motion was made by Councilman Gage seconded by Councilman
Kloecker and carried that Councilman Mussallem be nominated for
reappointment to the South Flood Zone of the Santa Clara Valley Water
District as recommended.
Strand Theater
Property
Ms. Sylvia Seagraves, 9415 Kern Avenue, addressed the Council
presenting a petition signed by 230 signatures requesting the City
to purchase the Strand Theater property and further explained same.
The Mayor requested that this item be agendized for a Council
Meeting in January 1986.
......
The fOllowing informational items were noted:
'11\.".,....
City of San Buenaventura (Ventura) re: City's support for
Cable TV litigation;
Tichinin/Salgado Mr. Bruce Tichinin, representing Refugio Salgado re: duplex
re:Duplexes - construction on Church Street. Mr. Tichini~ addressed the Council
Church St. and further explained the matter. Council took the matter under
advisement for discussion during a Closed Session to follow this
regular Council Meeting;
FLSA Resolution. U.S. Senator Wilson and Law Offices - Liebert,
Cassidy & Frierson.
P & R Com.
11/19/85
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computer
System
~
Septic Tank
Disposal
Fees
-
Compo Fee
Schedule
5211
u.s. Senator Cranston re: Federal Highway Legislation;
Congressman Zschau re: Funding pajaro River (Uvas-Carnadero Creek)
Project; and
u.S. Senator Wilson re: Congressional Issues.
The Minutes of the Parks and Recreation Commission Meeting of
Novenilier 19, 1985, were no1:ed.
The Minu~:es or:: the Senior ]~dvisory ~oard ~-1eeting of October 21,
1985, were noted.
The Minutes of the Senior Advisory Board Meeting of October 21,
1985, and the Minutes of the Gilroy Golf r.ourse?\dvisory Board Meeting
of ~ovember 12, 1985, wp.re noted.
city Administrator Baksa noted that it may be necessary to
schedule a Special Council Meeting next week for award of the computer
system contracts.
City Administrator Baksa recommended authorization to hire the
Warner Group on an hourly basis for assistance needed to oversee imple-
mentation schedules for the new computer systems.
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that the Warner Group be hired on an hourly basis for
assistance as recommended.
City Administrator Baksa noted that Council would be informed
periodically on the use of the Warner Group, consultants.
City Administrator Baksa noted a recommendation by the Joint
Sewer Advisory Committee for an increase in septic tank disposal fees
from 1~9 per gallon to 29 per gallon.
Motion was made by Councilman Kloecker seconded by Councilman
Mussallem and carried that the 29 per gallon fee for septic tank
disposal be approved as recommended to become effective after January
1, 1986.
City Administrator Baksa noted proposed revision of the Compre-
hensive Fee Schedule for the January 6, 1986, regular Council Meeting.
city Administrator Baksa gave an update report on the signed
sewer allocation agreements.
City Administrator Baksa noted a City/School Liaison Committee
Meeting scheduled for DecP~ber 11, 1985 at 4:00 p.m., City Hall, regard-
ing School Impaction Fees.
Res. #85-82 re: Motion was made by Councilman Gage seconded by Councilwoman
Hist. Preserv. Albert that the reading of Resolution No. 85-82 be waived and that it
Grant-Old be adopted.
City Hall
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...
RESOLUTION NO. 85-82
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE
APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANT
FUNDS FOR OLD CITY HALL STABILIZATION PROJECT FROM THE CALIFORNIA
PARK AND RECREATIONAL FACILITIES ACT OF 1984.
PASSED AND ADOPTED this 2nd day of December, 1985, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE,KLOECKER, MUSSALLEM, PALMERLEE,
VALDEZ and HUGH AN
COUNCIL MEI1BERS: NONE
COUNCIL MEMBERS: NONE
NOES:
ABSENT:
The Mayor reported on the County General Plan Amendments withdrawn
and postponed noting that the City's arguments were considered.
Councilwoman Albert noted the CDBG requests for proposals are due
January 15, 1986, for review of same.
l
5212
Tichinin/
Salgado
..
Th~ Mayor noted the Joint Speci~l 'Me.eting of the Gilroy/
Morgan Hill city Councils, December 14, 1985 - 1:00 p.m., Gilroy
City Hall Council Chambers, re: EIR for the Long-term Wastewater
Management Plan for the Cities of Gilroy and Morgan Hill.
At 10:46 p.m., the Mayor adjourned to a Closed Session re:
Attorney Tichinin's letter concerning duplex construction on
Church Street.
At 11:14 p.m., the Mayor reconvened the meeting and announced
that the matter would be taken under advisement for a legal opinion
and that a Closed Session would be scheduled for 6:30 p.m. December
16, 1985, for a pUblic announcement proposed for 7:00 p.m. December
l6, 1985, regular Council Meeting.
At 11:15 p.m., the Mayor further adjourned to the Special
Joint Council Meeting of December 14, 1985 - 1:00 p.m. and noted
the next regular Council Meeting is scheduled for 7:00 p.m. December
16, 1985.
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?....!:It.. .. City Clerk