Minutes 1983/08/01
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4909
Au(]ust 1, 1983
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor ~1ayor NOl~man B. Goodrich at 8:01 p.m.
Roll Call
Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta
H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman
B. Goodrich.
Consent
Calendar
Moti on was made by COL'ncil man Link seconded by Council man Gage
that the follo\<Jing items under the Consent Calendar be approved by the
fOllowinq Roll Call vote: {'yes: Council Mer.1bers: Albert, Gage, Hughan,
Link, Taylor, Valdez and Goodrich.
Minutes
Approved the Minutes of the Re9ular Council Meeting of July 18, 1983;
,
Cl aim-tt Pena
Denied a Personal Injury Claim of Margarita Pena, a minor;
Public Hearinqs Authorized the City Clerk to set public hearin~ dates for City
Council agendas;
Ord. #83-14 re: Adopted Ordinance No. 83-14 increasing the Transient Occupancy Tax
Trans. Occ. to nine percent (9%).
Tax
ORDINANCE iW. 83-14
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 25A.2 OF THE GILROY
CITY CODE TO INCREASE THE TRANSIENT OCCUPANCY TAX TO NINE PERCENT.
PASSED AND ADOPTED this 1st day of August, 1983, by the following vote:
AYES: COUNCI L ~i1H1BERS: ALBERT, G.n.GE, HUGHf\.:I, LINK, TAYLOR, VALDEZ and
GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Bids re:
Tractor
City Administrator Bcksa recommended tabling action on bids received
for one (1) tractor with backhoe and bucket due to additional information
needed by Sta ff.
Motion was made by Councilman Link seconded by Councilman Taylor and
carried that Council action on the bids for the tractor be tabled as recom-
mended.
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Pub.Hear. re: The Mayor stated that it was the time and place scheduled for
TM-T.Schaal a Public Hearing to consider a Tentative Map request of Ted Schaal,
apolicant, for a residential subdivision of 57 lots on property located
on the west side of Morey. Avenue between;t1antelli Drive and Day Road.
Pl anning Di rector Dorn presentect and expl ai ned the Staff report.
Discussion was had regarding, applicant contributions to a fire
station and equipment to service the area. Council requested Staff to
provide a fee and procedure schedule for publ';c safety as development
occurs, to apply to all applicants.
The Mayor asked if there was anyone present in the audience
wishing to speak on the proposal.
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Mr. Ted Schaal, applicant, addressed the Council further explain-
ing his prooosal and noting that adjacent developments are not comply-
inq with his original street patterns for this development. He further
noted that he would be willing to dedicate a portion of his open space
for park purposes.
The Mayor asked if there was anyone further wishing to speak on
the matter. There was no further comment from anyone in the audience.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Couniclman Taylor
and carried that the followinq be added to Staff recommendation No.5:
"... subject to a fee schedule to established by the City Council.."
Res. #83-59
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 83-59 be waived and that it be
adopted approving the Tentative Map of Ted Schaal's development as
presented, subject to conditions as stipulated by the Planning Commis-
sion to include the changes made by the City Council.
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RESOLUTION NO. 83-59
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE
MAP FOR A SUBDIVISION OF 57 RESIDENTIAL LOTS ON 14.9 ACRES ON MOREY
AVENUE BERWEEN MANTELLI DRIVE AND DAY ROAD.
PASSED AND ADOPTED this 1st day of August, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
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City Administrator Baksa requested clarification on procedure
and fee schedule for public safety and if same is to include fire,
police, etc. Council concurred to include fire, police, etc.
Puh. Hear. re:
TM-Regency
Monarch Dev.
The Mayor stated it was the time and place scheduled for a Pub-
lic Hearing to consider a Tentative Map request of Regency t10narch De-
velopment Co., applicant, for a residential subdivision of 145 lots
lcoated on property on the west side of Santa Teresa Boulevard, approxi-
mately 2,000 feet north of Mantelli Drive.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak on the proposal.
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Mr. Ted Schaal, adjacent developer, addressed the Council in
reqard to street patterns of the proposed tentative map not in ali~n-
ment with the street patterns within his development. He further noted
that he realigned and traded off property for realignment of Long Meadow
Drive and now the proposed streets in the adjacent development do not
conform to the streets within his development.
The Mayor asked if there was anyone further in the audience wish-
ing to speak on the proposal. There was no further comment from anyone
in the audi ence.
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Motion was made by Councilman Link seconded by Councilman Taylor
",.,.,
w
Zoning Ord.
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Nob Hi 11
Reorg. 82-2
Res. #83-60
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BASS re: App 1 i -
cati on Stand.
4911
and carried that the Public Hearing be closed.
Motion was made by Councilman Link seconded by Councilman Valdez
and carried that the follOl\lin9 be added to Staff recommendation No.6:
"... subject to a fee schedule to be established by the City Council."
Motion was made by Councilman Link seconded by Councilman Tavlor
and carried that the following be added to Staff recommendation No. 10:
"....that the developer shaU contribute their proportionate share of
required signalization. " , .
Moti on was, made by Councilwoman Hughan seconded by Council man Link
and carried that further Council aciion 6nthe matter be continued to
August 15, 1983, regular Council Meeting to allow Staff time to attempt to
resolve the street pattern problem within this proposed subdivision.
The Mayor stated that the Public Hearing on complete revision of the
Zoning Ordinance, Map and Districts was closed -for public comment ,July 18,
1983, and that the matter is now before Council for action.
It was further notect by Mayor Protempore Link that the Council held
a study session On the matter and that all Council concerns with the Zoning
Ordinance have been resolved.
Motion was made by Councilman Link seconded by Councilman Valdez and
carried that the new Zonina Ordinance as amended at the Council Study
Session be approved.
Motion was made by Councilman LInk seconded by Councilman Taylor
that the reading of the proposed Zoning Ordinance as approved by Council
be waived, introduced and publishecl'by title and summary.
Councilwoman Hughan noted that she wo~ld not participate in voting
the new Zoning Map and Districts due to a conflict of interest on same.
Motion was made by Councilman Link seconded by Councilman Gage and
carried that the new Zoning Map and Districts as submitted be approved.
Councilwoman Hughan was absent on the motion.
The Mayor noted receipt of a petition from Michael A. Bonfante,
et al, requesting Reorganization of Uninhabited Territory to be known as
IINob Hill Reorganization 82-211 containino apnroximately 32.45 acres located
on the southeast side of the ,intersection of South Valley Freeway and
Monterey Road. ' ,
Planning Director Dorn noted that LAFCO had aQproved this application
January 12, 1983, subject to map corrections received July 20, 1983.
Motion was made by Councilman Link seconded by Councilman Taylor
that the reading of Resolution No. 83-60 be waived and that it be adopted
approving Nob Hill Reorg'anization 32-2 of the City of Gilroy.
RESOLUTION NO. 83-60
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION
BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A
REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED
AS IINOB HILL REORGANIZATION 82""2 OF THE CITY OF GILROY. II
PASSED AND ADOPTED this 1st day of August, 1983, by the followina vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and
GOODRI CH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
The Mayor asked if there was anyone present in the audience wishing
to speak on any matter not on the agenda. There was no comment from
anyone in the audience.
City Administrator Baksa presented a request of BASS requesting
support on building application standardization and simplification. Coun-
cil tabled action on same.
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Jaycees
Carnival
Safety
Citation
P & R Com.
7-19-83
Closed
Session
Counci l/Dept.
Meeti ngs
~1on th ly
Reports
Trucks, etc.
Res. Streets
Rent Control
Study
Street Tree
Ord.
City Administrator Baksa presented a request of the Gilroy
Jaycees to sponsor a carnival August 18-21, 1983.
Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the Gilroy Jaycees be granted permission to
sponsor a carnival August 18-21, 1983, subject to compliance with
all city permits and'regulations.
The following informational item was noted'wi'th no seoarate
discussion on same:
Letter of congratulations for award of a pedestrian safety
citation from the California Automobile Association.
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The Minutes of the Parks and Recreation Commission meetinq of
July 19, 1983, were noted.
Parks and Recreation Director Ayer addressed the Council in
regard to the recommendation to change the name of the Gilroy Commu-
nity Center to the Senior Center.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the recommendation to change the Gilroy Community
Center to the Senior Center be approved.
The Minutes of the Senior Citizens' Advisory Council Meeting
of June 1983 were noted.
It was noted that the Closed Session regarding Meet and Confer
process was held at 7:00 'p.m:, Auoust 1, 1983. - '
City Admi nistrator Sa'ksa recommended'monthly departmental meet-
ings with Council prior to the first regularly scheduled Council Meeting.
Council concurred.
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The Summary of ~1onthly Reports of June 1983 was noted.
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Councilman Link noted concern of increased water usage compared
to water usage last year, sugqesting Staff present a report on water
conservation and rate analysis.
Councilman Valdez requested a report on Vehicle Code Fines,
specifically, citations issued and recovery of said fines. It was
noted by the City ottorney that this information would have to be ob-
tained from the County. City Administrator Baksa noted that he would
have a report of same at the next regular meetinq.
City Administrator Baksa reported on Council concern regarding
trucks, buses, etc. on resi~ential streets. He noted Section 15.100
and 15.101 of the Gilroy City Code used to issue citations regarding
a specific incident referred to by Council; that said sections pertain
to weight limits on streets not designated as truck routes. He further
noted that this code section appears to be the most effective general
offense regulation vs. normal parking violations that the Police and
Planning Departments recommend issuance bfcitations under this code
section. Council concurred.
Planning Director Dorn oresented and explained a reoort on Rent 0
Control Study recommendinq that rent control regulations are not appro- I. ;
priate for Gilrol/ at this time. '
The Mayor noted that the local residents of the Mobile Home Park
have been in contact wi th ,John Burns, Executi ve Di rector of the County
Housinq Authority, for assistance \^lith their rent problems.
A proposed ordinance enacting Sections 26.5-1 and 26.15-1 to the
City Code pertaining to Street Trees was presented for introduction as
a result of a recommendation April 4, 1983, from the Parks and ~ecrea-
tion Commission.
Parks and Recreation Director Ayer further explained City reouire-
!
Jt. Powers
Sewer Adv.
Com.
Ad. Hastewater
Com.
Budget
Amendments
City/School
L i ai son Com.
Meeti ng
Adjournment
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4913
ments ~egarding street trees and th~ hecessity for the propose~ ordinance.
Motion was made by Councilwoman Hughan seconded by Councilwoman
Albert and carried that the proposed ordinance be introduced and published
by title and summary as presented, enacting Sections 26.5-1 and 26.15-1
of the Gilroy City Code pertaining to Street Trees, specifically, a Master
Street Tree Planting Plan anrl Protection of Roots.
Councilman Link reported on the Joint Powers Sewer Advisory Committee
Meeting of July 26, 1983, noting that the City will meet the Cease and
Desist Order issued to the City by the Regional Water ~uality Control Board
and that the Committee is intending to present Council with additional
plans within approximately six (6) months.
City Administrator Baksa noted that the next Staff meetinq with
Water Quality Control has been scheduled for August 19, 1981.
The Mayor reported that he wrote the City of Morqan Hill regarding
the formation of a Citizens' Committee for input in the wastewater issues
but has not received a response to date.
Councilman Link reported on an Agricultural Wastewater Committee
Meeting of July 26, 1983, noting that the City will be able to take care
of the wastewater throughout the entire season with or without Cal-Can.
at the
Link.
Ce as e
Recommendations to amend the budget to accommodate various projects
Wastewater Plant were noted and further explained by Councilman
He further noted that said maendments have occurred because of the
and Desist Order.
Motion was mase by Councilman Gage seconded by Councilman Taylor and
carried that the recommended budqet amendments as oresented for projects
at the Wastewater Plant be approved.
City Administrator Baksa notect that through joint efforts with
Morgan Hill and Gilroy, Amendment No.4, hopefully, will be less than the
estimated cost.
The Mayor noted the City/School Liaison Committee Meeting Auqust 4,
1983, at 4:00 p.m., relocated from the Council Chambers to the Planning
Conference Room.
At 9:20 p.m., the Mayor adjourned the meeting.
Respectfully submitted,