Minutes 1983/12/05
4950
Ro 11 Ca 11
Consent
Calendar
Minutes
Claim-C.B.Rowe
Ind.Dev. Auth.
Rev. Bonds-
Gi 1 roy Can-
ning Co.
>,
December 5, 1983
Gilroy, California
The Regular Meetinq of the GilroY,City Council was called to
order by Her Honor Mayor Roberta H. Hughan at 8:05 p.m.,
present: Council t1e,l]1bers: Sharon A. A1Qert, Donald F. Gage,
Paul V. Kloecker, Larry Mussallem, John E., Pate, Pete Valdez, Jr. and
Roberta H. 8u~han.' , I
Motion was made by'Councilman Gage seconded by Councilman Kloec-
ker that the following items under the Cnosent Calendar be approved by
the fOllowing Roll Call Vote: Ayes: Council Members: Albert, Gage,
Klo~cker, Mussallem, Pate, V~ldez and Hughan:
Approved the Minutes of the Adjourned Regular Council Meeting
of November 15, 1983;
Approved the Minutes of,the Regular Council Meeting of November
21, 1983; and
Denied a property damage claim of Curtis B. Rowe as recommended.
The Mayor recessed the Council Meeting. Chairperson Hughan
called the Industrial Development Authority Board to order.
Present: Directos: Albert, Gage, Kloecker, Mussallem, Pate, Val-
dez and Hughan.
The Chairperson stated that it was the time and place scheduled
re: Proposed Issuance of Revenue Bonds for Facilities of Gilroy Canning
Co~, Inc., 1 Lewis Street, Gilroy.
Planning Director Dorn explained the proposal.
Res. #83-6
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Res. #83-7
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Res. #83-8
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Roll Call
Pub. Hear. re:
Las Ani mas-
Murray Ave.
Reorg. 81-4
4951
The Chairperson asked if there was anyone present in the audience
wishing to speak for or against the nroposal. There was no comment from
anyone in the audience.
Motion was made by Director Gage seconded by Director Valdez and
carried that the Public Hearing be closed.
Motion was made by Director Gage seconded by Director Albert that
the reading of Resolution No. 83-6 be waived and that it be adooted approv-
ing the terms of a trust indenture and a loan agreemE~nt and authorizing
the issuance, sale and delivery of the Industrial Development Authority
of the City of Gilroy Industl'ial Development Revenue Bonds.
RESOLUTION NO. 33-6
A RESOLUTION APPROVING THE TERMS OF A TRUST INDENTURE AND A LOAN AGREE-
MENT AND AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF GILROY rrlDUSTRIAL DEVELOPMENT AUTHORITY
OF THE CITY OF GILROY INDUSTRIAL DEVELOPMENT REVENUE BONDS (GILROY CANNING
COMPANY, INC.), SERIES 1983 - INDUSTRIAL DEVELOPMENT AUTHORITY OF THE CITY
OF GILROY.
PASSED AND ADOPTED this 5th nay of December, 1983, by the following vote:
AYES: DIRECTORS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and
HUGHAN
NOES: DIRECTORS: NONE
ABSErH: DIRECTORS: NONE
Motion was made by Director Gage seconded by Director Albert that
the reading of Resolution No. 83-7 be waived and that it be adopted,
adopting a seal of the Industrial Development Authority of the City of
Gil roy.
RESOLUTION NO. 83-7
A RESOLUTION ADOPTING A SEAL OF THE INDUSTRIAL DEVELOPMENT AUTHORITY OF THE
CITY OF GI LROY.
PASSED AND ADOPTED this 5th day of December, 1981, by the following vote:
AYES: DIRECTORS: ALB~RT, GAGE; KLOECKER, MUSSALLEM, PATE, VALDEZ and
HUGHAN
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
Motion was made by Director Gage seconded by Director Albert that the
reading of Resolution No. 83-8 be waived and that it be adopted authorizing
modi fi cation of the 1 etter agreement between the City and Gil roy Canning
Company, Inc. (Fee Agreement.)
RESOLUTION NO. 83-8
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A RESOLUTION MODIFYING A [ETTER AGREEMENT BETWEEN THE CITY OF GILROY AND
THE GILROY CANNING COMPANY, INC.
PASSED AND ADOPTED this 5th day of December, 1983, by the following vote:
AYES: DIRECTORS:ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and
HUGHAN
NOES: DIRECTORS: NONE
ABSENT: DIRECTORS: NONE
The Chairperson adjourned the meeting of the Industrial Development
Authority Board and the Mayor reconvened the Council Meeti ng.
Present: Council Members: Sharon A. Albert, Donald F. Gage, Paul V.
Kloecker, Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Roberta H.
Hughan.
The Mayor staterl that it was the time and nlace scheduled for a
public hearing re: Las Animas-tv1urray Avenue Reorqan'ization 83-4 located on
the southeast corner of Murray and Las Animas Avenues, containing approxi-
mately 18.949 acres, Al Montano, et ux, petitioners. (Not 100% consent.)
Planning Director Dorn explained the proposal.
The Mayor asked if there was anyone in favor or opposed to the
proposed reorgani zati on of territory. There was no comment from anyone
in the audience.
4952
Res. #83-80
Pub. Hear. re:
HCD Grant
Applic.
Motion was made by Councilman Gage seconded by Councilman Pate
and carried that the Public Hearing be closed.
Motion was made by Councilman Gage seconded by Councilman Val-
dez that the reading of Resolution No. 83-80 be waived and that it be
adopted.
RESOLUTION NO. 83-80
A RESOLUTION, AFTER PUBLIC HEARING, 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 "LAS ANIMAS-MURRAY AVENUE REORGANIZATION
83-4 OF THE CITY OF GILROY. II
PASSED AND ADOPTED this 5th day of December, 1983, 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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The Mayor stated that it was the time and place scheduled for the
continued and final Public Hearing on the City's Tenth Year (1984-85)
Community Development Block Grant Application.
City Administrator Baksa recommended that the $170,000.00 HCD
Grant fund allocation be placed in the City's Revolving Fund for the
rehabilitation projects.
HCD Coordinator Ford explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak on the ~atter.
Mr. Steve McKinney, Interim Director of South County Housing,
a California Corp., addressed the Council requesting the following:
1. Continued funding for staffing South County Housing, Inc.,
approximately $77,000.00
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2. & 3. Support for Gilroy/Morgan Hill Project to be combined
with Farmer's Home. Said project to aid farm workers. Gil-
roy's project proposed for 19 units on 8th and Chestnut
Streets - $150,000.00 Block Grant Funds; $125,000.00 Farmer1s
Home, and balance of funds needed for construction from
Farmer's Home. Similar project in Morgan Hill.
4. Proposal to purchase a 15 acre site at the corner of Ramona
and Wren for use as a Mobile Home Park Development in which
the units would be condo type units and sold to individual
owners, requesting support for $100,000.00 from the County's
competitive funds and further requesting consideration by
the City for $50,000.00 from the City.s own local allocation,
contingent upon the County.s approval of the $100,000.00.
Ms. Dolores Ferreira, Executive Director of South County Housing,
Inc., addressed the Council and invited Councilman Gage to attend the
Selection Criteria Committee of South County Housing, Inc.
The Mayor asked if there was anyone present in the audience repre-
senting HOPE and HIP. There was no comment from anyone in the audience.
It was noted that requests from HOPE and HIP were anticipated;
however, no representation at this meeting. HCD Grant Coordinator Ford
explained the request of HIP for competitive HCD funds in the amount of
$250,000.00 for an apartment complex proposed to be located at 2nd and
Hanna Streets.
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Councilwoman Albert further explained the proposal of HIP (Hous-
ing for Independent People.)
The Mayor asked if there was anyone further in the audience wish-
ing to speak on the matter. There was no comment from anyone in the
audience.
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that the Public Hearing be closed.
Res. #83-81
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Pub.Hear. re:
Prezoning
Obata Prop.
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Pub. H ea r . re:
Rev. Bonds-
Gil roy Canning
Co.
Res. #83-82
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Hearing re:
Victoria Dr.
Wal k-through
4953
Discussion was had by Council on the matter.
Motion was made by Councilman Gage seconded by' Councilman Pate and
carried that the $170,000.00 HCD Grant Fund Allocation be placed in the
City's Revolving Fund for rehabilitation projects as recommended by Staff.
Councilwoman Albert voted "no" on the motion.
Motion was made by Councilwoman Albert seconded by Councilman Valdez
that the reading of Resolution No~ 83-81 be waived and that it be adopted
supporting staffing of the South County Housing, a California Corp., and
supporting 19 units on Chestnut Street and for the Mobile Home Project.
, RESOLUTION NO. 83-81
A RESOLUTION OF THE COUNCIL OF THE. CITY OF GILROY RE: HOUSING AND COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS.
PASSED AND ADOPTED this 5th day of December, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ
and HUGHAN
NOES: COUNCIL MEMBERS~,NONE
ABSENT: COUNCIL MEMBERS: NONE
Motion was made by Councilman Valdez and withdrawn to support the
HIP Project.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on a prezoning initiated by the City on property located
east of the S.P.R.R. and south of Southside Drive to PF (Park/Public Facili-
ty) Zone (Obata Property).
The Mayor asked if there was anyone in the audience wishing to
speak on the matter. There was no comment from anyone in the audience.
Motion was made by Councilman Gage seconded by Councilman Pate and
carried that the Public Hearing be closed.
Motion was made by Councilman Gage seconded by Councilman Kloecker
and carried that the reading of the proPDsed ordinance prezoning said
terri tory be wai ved and that it ,be publ i shed by titl eand summary.
The Mayor stated that it was the time and place scheduled re: pro-
posed issuance of revenue bonds for facilities of Gilroy Canning Co.,
Inc., 1 Lewis Street, Gilroy. 'She asked if there was anyone present in
the audience wishing to speak fbr or against the proposal. There was no
comment from anyone in the audience.
Moti on was made by Councilman Pate seconrled by r:ouncil man Gaoe and
carried that the Public Hearing be closed.
Motion was made by Councilman Gage, seconded by Council man Val dez
that the reading of Resolution No. 83-82 be waived and that it be adopted
approving the issuance of revenue bonds for facilities of Gilroy Canning
Company, Inc., located at 1 Lewis Street, in the City of Gilroy.
RESOLUTION NO. 83-82
A RESOLUTION OF THE CITY OF GILROY APPROVING THE ISSUANCE OF THE INDUSTRIAL
DEVELOPMENT AUTHORITY OF THE CITY OF GILROY INDUSTRIAL DEVELOPME~T REVENUE
BONDS, GILROY CANNING COMP^NY~ INC. SERIES 1933.
PASSED AND ADOPTED this 5th day of December, 1983, by the follo\>/inq vote:
AYES: COUNCI L t1n1BERS: ALBERT, GAGE, KLOEr:I~ER, ~1USSALLEM , PATE,
VALDEZ and HUGHAN
iWES: COUNCIL t1EMBERS: NONE
MSErn: COUNCIL ~1a1BERS: NONE
The Mayor stated that it was the time and place scheduled for a
hearing to consider a petition requesting closing-off of a twenty-five (25)
foot wide walk-through at the end of Victoria Drive.
City Administrator Baksa explained the Staff Report and recommenda-
tion regarding the matter.
The Mayor asked if there was anyone present in the audience wishing
to speak for or against the proposal.
4954
Petition re:
Morey-Man te 11 i
Reorg. 83-2
Res. #83-83
Ms. Janice Green, 65 Victoria Drive, addressed the Council
and noted that she prefers a closed-in wall rather than a cyclone
fence.
Mr. PatrickCross,:5Victoria Drive, addressed the Council
requesting installation nf a wall at said'location.
Motion was made by Councilman Gaqe seconded by Councilwoman
Albert that a "Not A Throunh Street" sign be installed and a chain
link fence be erected to include a spring-loaded gat~ in place of the
twenty-five (25) foot wide walk-throu~h at the end of Victoria Drive.
Pri or to voi tng, on the above mot ion, Mr. Thomas Mozzetti, 2
Victoria Drive, addressed the Council requesting the City to completely
close-off the walk-through area and noted that he is opposed to a
gate at said location.
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Public Works Superintendent Cox noted that the City would need
access to the property for public works maintenance in the event of
flooding in the area; that the proposed gate could be locked and used
only by the City in the event of an emergency.
Councilman Gage and Councilwoman Albert amended their motion to
include locking the gate with a city lock for a trial period to deter-
mine if same would be accepted by the neighborhood. Motion carried.
City Administrator Baksa instructed the Public Works Superinten-
dent to meet with the residents r~9arding the type of material used for
the fence and gate.' . '
Mr. Patrick,Cross,,5 Victoria Drive, noted that he would furnish
acceptable materials and iabor for the type of fence desired by the
residents. '
The Mayor noted receipt of a petition from Joseph Epp, et al,
requesting reorganization of 109.038 acres of uninhabited territory to
be known as IIMorey-Mantell i Reorgani zation 83-2" located on the east-
erly and westerly side of Santa Teresa Boulevard (Morey Avenue) be-
tween Mante 11 i Dri ve and Day Road. (Not 100% consent.)
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Motion was made by Councilman Pate seconded by Councilman Gage
that the reading of Resolution No. 83-83 be waived and that it be
adopted setting January 3, 1ge4, as a public hearing ,date for reorgani-
zation of said territory. '
RESOLUTION NO. 83-83
RESOLUTION INITIATING REORGANIZATION OF TERRITORY, DESIGNATED AS
"MOREY-MANTELL! REOGRANIZATION 83-2" AND GIVING NOTICE OF TIME AND
PLACE FOR HEARING OF PROTESTS THEREOF.
pASSED AND ADOPTED this 5th day of December, 1983, by the following
vote:
AYES:
COUNCIL MEMBERS:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, GAGE, KLOECKER, MUSSALLEM,
VALDEZ and HUGHAN
NONE
NONE
PATE,
Presentations re: The Mayor stated that this was the time and place scheduled to
Commission hear presentations from interested persons seeking appointment to City
Appointments Commission terms expiring January 1, 1984. She noted that Library
and Culture Commi ssi oner Buchanan 'i s seeki ng reappointment; Commi s-
sioner Brem is ineligible, thus one opening on said Commission. Parks
& Recreation Commissioner Schoutens is seeking reappointment; Comis-
sioner McConnon not available for reappointment, thus one opening on
said Commission. Planning Commissioners Palmerlee and Sanchez seeking
reappointment.
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The Mayor asked if there was anyone present in the audience
wishing to speak on behalf of their appointment to any of the openings
on various Commissions.
The following addressed the Council seeking aopointment to var-
ious commission terms:
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Irma Granillo-Lefebvl~e, Darks (~,Recreation Commission Candidate
Ermelindo Puente, Parks & Recreation Commission Candirlate
Libby Lai, Library & Culture Commission Candidate
Sherry Kennedy, Parks & Recreation Commission Candidate
Councilman Pate informed the Council that his wi~e was appointed to
serve on the Library and Culture Commission when he was not on the Council
and wanted the present City Council to be aware of same.
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So. Valley Refuse, City Administrator Baksa noted a request from South Valley Refuse
& Disposal and'Disposal for negotiations in preparation of a new agreement with the
Ci ty as the present a'greerrient: expil~es \lanuary. i,. 1n5~'~
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Mr. Luchetti, South Valley Refuse & Disposal, addressed the Council
in reference to same.
Motion was made by Councilman Gage seconded by' Councilwoman Albert
and carried that the City Administrator be authorized to proceed with
negoti ati ons for a new:, agreement v>Jith South Valley Refuse & f)i sposa 1 as
recommended.
The following informational item was noted with no separate dis-
cussion on same:
Report on United Way Campaign.
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Employee-Employer City Administrator Baksa presented a recommendation to authorize
Relations Mr. William Avery to proceed with revising the City's present Employer-
Resolution Employee Relations Resolution to conform with State law.
Motion was made by Councilman Gage seconded by Councilman Valdez
and carried that Mr. William Avery be authorized to proceed with revisions
to the City's Employee-Employer Relations resolution, as recommended.
City Administrator Baksa noted that a budget amendment for costs
to prepare said resolution and for Spring negotiations is forthcoming.
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Mutual Aide
Agreement
City Administrator Saksa recommended pursuing potential Mutual Aide
Agreement with Peninsula Chapter of ICBO in the event of a disaster.
Motion was made by Councilman Gaqe seconded by Councilwoman Albert
and carried that Staff be authorized to pursue potential Mutual Aide
Agreement with Peninsula Chapter of ICBO as recommended.
Earthquake
Insurance
City Administrator Baksa presented a recommendation to purchase
earthquake insurance for the Eity.
Motion was made by Councilwoman Albert seconded by Councilman Gage
and carried that the City purchase earthquake insurance as recommended.
Sewer Advisory Councilman Gage, representing the Sewer Advisory Committee reported
Committee on the status and progress at the sewer farm regarding the Obata Project.
He noted the next meeting scheduled for said Committee was December 13,
1983.
Sales & Use
....... Tax-Chp. 22
City Administrator Baksa presented a proposed amendment to City Code
Chapter 22 regarding Sales and Use Tax, noting that the State has advised
cities and counties to approve said amendments by January 1, 1984, which
would require adoption of an emergency ordinance.
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Ord. #83-21
Motion was made by Councilman Gage seconded by Councilman Pate that
the reading of Ordinance No. 83-21 be waived and that it be adopted approv-
ing Sales & Use Tax amendments as presented.
ORDINANCE NO. 83-21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CITY CODE
CHAPTER 22 PERTAINING TO SALES AND USE TAX.
PASSED AND ADOPTED this 5th day of December, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDE
and HUGHAN
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCI L MEMBERS: NONE
4956
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Hazardous Materr- ..': City Administrator Baksa pre,sehted amendments to the Hazard-
ials Ord. bus Materials Ordinance. '
Amendments
Fire Marshal Ritter further explained the proposed amendments.
Motion was made by Councilman Ga0e seconded by Councilman Valdez and
carried that the proposed ordinance be introduced and published by
title and summary to include the amendments presented ahd any addi-
tional amendments received.
ICC/IGC Xmas The Mayor noted the ICC/IGC Annua'l Christmas Dinner Dance sched-
Dinner uled for December 15, 1933, and recommended notifying the City Clerk
for reservations by December 8, 1983.
League Conf. Councilmembers: Mussallem and Albert requested reservations to
the Public Management Workshop, League of California Cities on February
25, 1984.
Study Session The Council Study Session of December 12, 1983 (Council Chambers)
re: ROO amendments (7:30 p.m.) and Public Safety Impact Fees (approx.
8:30 p.m.) was noted and an update memorandum distributed at this Coun-
.ci] ~~eet i ng.
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Adjournment At 9:52 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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