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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 ".... ! I -- Res. #83-7 .~...>", ........ Res. #83-8 fIII1II'IIIl I I ..... 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 - 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 ~ I ...- 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 ...... ........ 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. lIIIIIIIl i I - 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 lllilIIl\ I -... Pub.Hear. re: Prezoning Obata Prop. ,- ....... Pub. H ea r . re: Rev. Bonds- Gil roy Canning Co. Res. #83-82 -- .... 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. -- : ! ....... 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.) ..... ........ 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. ...... , I - 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: 4955 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. - 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~'~ I I i I ' .... 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. !~ 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. ....... 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. j .... 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 .. 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. r Adjournment At 9:52 p.m., the Mayor adjourned the meeting. Respectfully submitted, . .Au#~6~~ . #. City Cierk ..-