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Minutes 1984/02/06 4972 Roll Call Introductions Consent Calendar Mi n utes Res. #84-10 E. 9th St. Assmt.Dist. Res. #84-11 re: Stop Signs Res. #84-12 re: N.Goodrich February 6, 1984 Gilroy, California Mayor Huqhan le~ the Pledqe of Allegiance to the Flaq. I I The Regular Meeting of the Gilroy City Council was called to order by Her Honor Mayor Roberta H. Hughan at 8:00 p.m. 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 introduced new employees: Carol Breton, Police Records Clerk, and Neil Drebena, Police Officer. Motion was made by Councilman Gage seconded by Councilman Kloecker that the following items under the Consent Calendar be approved by the fOllowing Roll Call vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan. Approved the Minutes of the Regular Council Meeting of January 16, 1984; Adopted Resolution No. 84-10 directing making of amended assess- ments re: certain assessments under Resolution of Intention No. 80-71, as amended - East Ninth Street, et al Assessment District, Assessment No. 18, setting March 5, 1984, as a public hearing date. RESOLUTION NO. 84-10 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION OF INTENTION NO. 80-71, AS AMENDED - EAST NINTH STREET, ET AL, ASSESSMENT DISTRICT - ASSESSMENT NO. 18. PASSED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Adopted Resolution No. 84-11 authorizing installation of arterial stop signs for traffic control at various locations. RESOLUTION NO. 84-11 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ARTERIAL STOPS ON NINTH AT ITS INTERESECTION WITH EIGLEBERRY STREET, ON AYER STREET AT ITS INTERSECTION WITH SANTA PAULA STREET, ON ROSANNA STREET AT ITS INTERSECTION WITH FOURTH STREET, AND ON DOHDY STREET AT ITS INTERSECTION WITH FOURTH STREET. PASSED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: COUNCIL MEMBERS:ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; RESOLUTION NO. 84-12 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING RETIRED MAYOR NORMAN B. GOODRICH. PASSED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEt~, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; and 4973 Def. Dev. P.gree.- Approved a Deferred De~elopment l\greementt'wtth S. J. & Richard K. Love 1 ace 81 Cox Lovelace and, Jack C. Cox, as recommended , ) Pub.Hear. re: 65864 Dev. Agree.Las Ani- mas Tech. Pk. r - --- I I i ...... Pub.Hear. re: Rezoning-P. Bertucci 0 <'t, [ The Mayor requested that public speakers limit their proposals or pre~entations during the public hearings and avoid repetition. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider approval of a 65864 Development Agreement for Las Animas Technology Park. City Administrator Baksa explained the proposed agreement and noted a letter received this eveninq from Las Animas Technology Park providing supplementary information regarding the development agreement. The Mayor asked if there was-anyone present in the audience wishing to speak for or against the proposal. Mr. Paul Barrish, Project Director, addressed the Council further explaining the proposed development and required sewer capacity needed for said project. " The Mayor asked if there was anyone else wishing to speak on the matter. Mr. Gary Silacci, Gavilan Business Park owner and developer, ad- dressed the Council further explaining proposed plans for his development and the need for guaranteed sewer capacity in order for his projects to proceed. The Mayor asked if there was anyone further in the 8udience wishing to speak on the matter. There was no further comment from anyone in the audience. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilwoman Albert seconded by Councilman Kloecker that the reque,st of Las Animas Technology Park for approval of a 65864 Development Agreement be denied and that Staff nresent recommenda- tions on a fair allocation of the balance of sewer capacity remaining. Mot'j on was amended by Council woman Albert seconded by Council man Kloecker and carried to postpone the request of Las Animas Technology Park for approval of a 65864 Development Agreement and re-opened the Public Hearing and continued same to the February 21, 1984, Council Meeting to allow input from the developers following Staff Report recommendations and Council consideration on-the method of allocating the remaining sewer ca pac ity of t he City. The Mayor stated that it was the time and place scheduled to consi- der a rezoning request from R3(Medium Density Residential) Planned Unit Developnent to R4 (High Density Residential) Planned Unit Development Di st- ri ct on p'ro perty located' on the eas t si lie of Kern Avenue between Fi rs t Street and Welburn Avenue, Pau'l W. Bertuccio, applicant. Councilman Mussallem noted that he would not vote on the subject due to a possible conflict of interest. Planning Director Dorn presented and explained the Staff Report. The ~1ayor asked if there was anyone present in the audience wishing to speak on the proposed rezoning. Mr. Roger Grimsley, reoresenting the owner, addressed the Council noting no intention to construct a six (6) story structure that \'.JOuld be allowed if the R4 zoninf) vIas granted. He further noted the owner's intent to comply with the mitigation measures and construct 160 units when sewer capacity is allowed. The Mayor asked if there was anyone further in the audience wishinq to speak on the matter. There was no comment from anyone in the audience. Motion was marje by Co~n,cilman Gage seconded by Councilman Valdez and carried that the Public Hearing be closed. 4974 Hearing re: Appea l-A. Trinchero Res. #84-13 Pub. Hear. re: Prezoni ng-; Sewer Farm Property Pub.Hear. re: Zoni ng Ord. Amendments . Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded bY CoUncilmah Kloecker and carried that the reading of a proposed ordinance be waived, that it be introduced and published by title and summary approving the rezoning request from R3 PUD to R4 PUD as recommended. The Mayor stated that it was the time and place scheduled for a Hearing on an aopeal of Andrew Trinchero, et ux, appealin9 the de- cision of the Building Board of Appeals re: Handicapped Bathroom re- quirement at 430 First Street. Chief Building Inspector James noted and explained the Staff Report. ' ... The Mayor asked if there was anyone in the audience wishing to speak on the matter. I . I : I ..... Mr. Randy Barbaglia, representing the owner, addressed the Council further explaining the hardship in complying with the Building Board of Appeals to require two (2) 'separate handicap bathrooms, one for maile and one for female patrons. t~otion was made by Councilwoman Albert to adopt a resolution approving the decision of the Building Board of Appeals. Motion died for lack of a second. , i Motion was made by'Councilman'Gage seconded by Councilman Mus- sallero and failed to disapprove the decision of the Building Board of Appeals. Council Members: Albert, Pate, Valdez and Hughan voted "no" on the motion. Motion was made by C~uncilwom~n Albert seconded by Councilman Pate and carried that the reading of Resolution No. 84-13 be waived and that it be adopted approving the decision of the Building Board of Appeals requiring hanrlicap bathroom facilities at 430 First Street as recommended. RESOLUTION NO. 84-13 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL THE ACTION OF THE BUILDING APPEALS BOARD DENYING RELIEF FROM TITLE 24 HANDICAPPED ACCESSIBILITY RE~UIREMENTS AT 430 FIRST STREET. PASSED AND ADOPTED this 6th day of February, 1984, by the following vote: AYES: COUNCI L MEr1BERS: ALBERT, KLOECKER, PAlE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: GAGE and MUSSALLEM ABSENT: COUNCIL MEr1BERS: NONE ..... - The Mayor stated that it was the time and place scheduled for a prezoning initiated by the City of Gilroy to PF (Park/Public Facili- ties) District property located immediately northeast of the existing City of Gilroy Sewer Facilities, east of Llagas Creek and south of Hi 9 hway 152. City Administrator Saksa noted the Staff Report. The Mayor asked if there was anyone in the audience wi shing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Counci lman Pate seconded by Councilman Mus- sallem and carried that the Pub~ic Hearing be closed. t,10tion was made by Councilman Gage seconded by Councilman Valdez that the reading of the proposed ordinance prezoning said property be waive:! and that it be published by title and summary. 11 ..... The Mayor stated that it was the time and place scheduled on a proposal to consider a' Zoning Ordinance Amendment to Section 50.60 mOd'ifying the requirements for aoproval' and extension of Residential Development approvals and amendment to various other sections to clarify the intent. Planning Director Dorn roted the Staff Report and further ex- plained recommended ordinance changes 1 through 12 i ncludinq Zoning Map Change No.1. The Mayor noted various real estate slqns in the right-of-way and recommended that letters be forwarded said businesses in viola- tion of the ordinance. ,...... -- - Res. #84-14 ~H_ -- pub. Hear. re: USA 83-84 4975 The Mayor asked if there Wi'l,S anyone in the audience wishing to speak on the Zoni ng Ordinance Droposed amendments. Mr. Mark E. Kennedy, lh~., 2 r,1onte Vista l~ay, addressed the Council requesting removal of the Historic Site designation for property on Al exander Street operated and leased by Gilroy Lumber Company, 7200 Al exan- der Street, from the Southet71PacHic Transportation Company, located be- t....Jeen Chappell Steel Buil di ng (l,nd the north boundary of Gil roy Lumber Co. He further noted an extreme hardship i+" this designation were not removed. The Mayor suggested that the matter be referred to the Hi stori ca 1 Heritage Committee. It was noted that the historic site designation was erroneously applied to the building at 7200 Alexander Street and was in- tended to be applied to the wood frame false front in the 7200 block on A1 exander Street, which is across the street from Gilroy Lumber Company. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Zoning Ordinance l\mendment No.1 through and including No. 12 and the zoning nap chan!')e [\b. 1 be approved as recommended. Discussion was had on ordinance changes Nos. 13 and 14 re: RDO competitive evaluation and ranking procedures. City Administrator Saksa presented a letter received this eveninq from Glen Lorna Properties in regard to same. Planning Director Dorn further explained the Staff Report in regard to ol~di nance change No. 13. Moti on was made by Council man Gage seconded by Council man Valdez and carried that brdinance change No. 13 be approved as recommended. Counci lman Mus sall em voted IInoll on the motion. Planning Director Dorn further explained the Staff Report in regard to ord inance change No . 1~., recomm-endi nlJ deni'al of same. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that ordinance change No. 14 be denied as recommended. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the public hearing be ~losed~ Motion was made by Councilman Gage seconded by Councilman Mussallem and carri ed that a proposed ordi nance be introduced to i ncl ude all of Council action regal~ding, the Zoning Ordinance amendments and that it be published by title and summary. Motion was made by Councilman Gage seconded by Councilman Mussallem and carri ed that a, proposed ordinanceamendi n9 the Zoning Map in accord with Council's previ ous acti on be introduced and publ i shed by titl e and summary. The Mayor deviated from the regular agenda to discuss the proposed amendment to the RDO, Point Ratinq Scale under the Planning Commission RefX)rt of thei r February 2,' "1984, meeti nq. Pl anni ng Di rector Dorn pre- sented and explained the Staff Rerort for same. Discussion was had on the ma t t er . .' , Motion was made by Councilwoman Albert seconded by Councilman Kloecker that the reading of Resolution No. 84-14 be waived and that it be adopted approvi ng th'e - RDO amendment as recommended. RESOLUTION NO~ 84-14 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING AN AMENDED RESIDENTIAL DEVELOPMENT ORDINANCE 'RATING SCALE. PASSED AND .ADOPTED this 6th day of February, 1984~ by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN - NOES: COUNCIL MEf~BERS: NONE ABSENT: COUNC IL MEMBERS: NJNE The Mayor stated that it was the tim~ and pl ace schedul ed to con si der 1983-1984 Urban Service Area Revi sion requests. 4976 Planning Director Dorn presented and explained the Staff Report noting the recommendation to approve all reouests presented except No.4 (Rodney Haun). The followin9 applications were discussed and voted upon indi- vi dua lly: Assembly of God 1. Assembly, of God of Gilroy (8.65 acres) located south of Uvas Creek, west of Thomas Road. No one present in the audience to speak on said request. Larry Hi 11 i s J. Centeno Fi 1 i ce Fam. Es ta tes R. Haun t10tion was made by Counci lman Pate seconded by Counci lman Mus- s~llem and carried.that the Assembly of God request be approved as recommended. Councilwoman Albert voted IInoll on the motion. ~ 2. Larry Willis (153 acres ) located north of Las Animas Avenue, I..... south of Buena Vista Avenue. Mr. Joseph Garcia, 425 Cohansey Avenue, addressed the Council in opposition to including said property into the Urban Service Area. Mrs. Mary A. Garcia, 425 Cohansey Avenue, addressed the Council opposed to inclusion of said property into the Urban Service Area. r~rs. Terry Ka 1 pi n, 5405 Ni co 1 e Way, addressed the Council recom- mending that the City not include additional lands into the Urban Ser- vice Area if the property owners do not wish to be included. Mrs. Jean Beno, addressed the Council noting that if the City does not include these areas into the Urban Service Area that the County will allow helter-skelter growth. Mr. James Castanza, 135 Las Animas Avenue, addressed the Council in favor of his property being included in the Urban Service Area. Motion was made by Councilwoman Albert to deny the request of Larry Willis for inclusion in the Urban Service Area. Motion died for lack of a second. ' ,.... Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that Larry Willis' request be approved as recommend- ed. Councilwoman Al bert voted IInoll on the moti on. .... 3. Joseph Centeno (4.61 acres) 'located at the southwest corner of Tatum and Wren Avenues to include '11.01 acres to the east for con- tiguity. No one in the audience spoke on said request. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that Joseph Centeno's request be approved as recomend- ed. Councilwoman Albert voted IInoll on the motion. 4. Filice Family Estates (106.7 acres) located east of Santa Teresa Boulevard, south of Uvas Creek, plus 30.3 acres to the east for conti guity. Mrs. Rita Y,a rri ngton ,398 Church;,ll P~ ace, addressed the Council representing the Gilroy Action Group, recommending denial of said pro- perty into the Urban Service Area. Ms. Kathy Sakai" 6520 HastinGs Place, addressed the Council in opposition to the property being changed from the twenty-year plan to the fi ve-year Urban Servi ce area. . ... Mr. Bob Saks, representing the applicant, addressed the Council I and noted that inclusion of this property into the Urban Service Area .... would be a planning tool and would address the areas, of question from the previous two speakers. Motion was made by Councilman Kloecker seconded by Councilman Gage and carried that Filice Family Estates' request be approved as recommended. Councilwoman Albert voted IIno" on the motion. 5. Rodney M. Haun (11.33 acres) located east of San Ysidro Avenue, south of Las Animas Avenue. It was noted that Staff recommended denial and the Planning Commission recommended approval of said request for inclusion in the Urban Service Area. No one in the audience spoke in regard to this request. ~'"' i I I ... Pub.Hear. re: Freeway-San Ysidro 83-1 Res. #84-15 ~,".--".'1-'''''' - Reces s Sewer Fa rm No.7 Reorgani za- tion 83-5 Res. #84-16 ~",.,.. , I - PresidErltial Elect. Pro- jections " t~otion was made by Councilwoman Albert seconded by councilma~977 Pate and carried that Rooney M. Haun's request for ~mclusion in the Urban Service Area be denied. Discussion was had in regard to the additional areas for inclusion in the Urban Service Area to provide contiguity from previous requests as recommended. Moti on wa s made by Council man Pate seconded by Counci 1 man Kloecker and carried that the following additional areas be included in the Urban Service Area required for contiguity from previous requests: (A) West of Santa Teresa Boulevard, south of Day Road - 51. 64 acres; (B) East side of Santa Teresa Boulevard - 10 acres; (C) East side of Santa Teresa Boule- vard - 0.48 acres; and (D) East'of U. S. 101, north of" Renz Lane - 2.07 acres. The Mayor stated that it was the time and place scheduled for the Public Hearing on intent to approve IIFre.eway-San Ysidro Avenue Reorganiza- tion 83-111 located on the westerly side of San Ysidro Avenue, between Leavesley Road and Las Animas Avenue, containing approximately 67.479 acres, J. Filice?~ Sons, Ltd. et ale It ,'!as noted that this territory did not contain 100% consent. It was noted by the City Clerk that ~~ri t'':en opposition regarding reorganization of thi s territory had not been received. 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 Kloecker and carried that the Public Hearing be closed. Motion was made by Councilman Kloecker, seconded by Councilman Gage that the reading 0+ Resolution No. 84-15 be waived and that it be adopted authorizing reorganization of said territory. RESOLUTION NO. 84-15 A RESOLUTION, AFTER PUBLIC HEARING, OF THE CITY OF GILROY WITH REGARD TO A REORGANIZATION PURSUlUH TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS IIFREEWAY-SAN YSIDRO AVENUE REORGANIZATlO:~ 83-1. II PASSED AND ADOPTED this 6th day of February 1984, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE I ABSENT: COUNCIL MEMBERS: NONE At 10:51. p~m., the t'ayor declared a recess and reconvened the meeting at 11:00 p.m. City Admini strator Baksa noted LAFCO apo'rov,al of reorgani zation of Sewer Farm No.7 Annexation 83-5 located north of Bloomfield Avenue, adjacent to the Gilroy S~wer Farm, conta'ining approximately 133.093. Motion was made by Councilman Mussallem seconded by Councilman Gage that the reading,of Resolution No. 84-16 be waived and that it be adopted authorizing reorgan izati on of sai d terri tory. RESOLUTION NO. 84-1G A RESOLUTION OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRI CT RE()RGAN I ZATION ACT OF 1965 DES IGNATEO AS "SEWER FARM NO.7 REORGANIZATION 83.,.5. II ' PI:\SSED AND ADOPTED this 6th dayof, February, 1984, by the following vote: AYES: COUNCIL MH1BERS:ALBERT, GAGE,. KLOECKER, MUSSALLEM, PATE,. VALDEZ and HUGHAN . NOES: COUNCIL i~EMBERS: NONE ' ABSENT: COUNCIL MEMBERS: NONE J\ letter from, Congressman Don Edwards \'/as noted requesting suprnrt of the news media to voluntary refrain from projecting presidential elec- tion results until all of the United States polls are closed. Motion was made by Councilwoman Albert seconded by Councilman Valdez and carried that a letter in support of Congressman Edward's request be authorized. 4978 Court Reform Initiative Rancho 101 Plan. Com. R epo rt 1/19/84 Pl an. Com. Report 2/2/84 So . Vall ey Hos pi ta 1 " " A letter from the City of Lakewood wa? noted requesting a resolution endorsing the Court Reform Initiative. . Moti on was made, by Council man Gage se<;:onded by Counci lma n Kloecker and not carded to. endorse the, Court Reform Initiative re- quested. ' Motion was made by Councilwoman Albert seconded by Councilman Pa~~ ~nd carried that the matter be tabled at this time. City Admini strator Baksa presented a 1 etter from Mr. ,James H. Hickey, Project Coordinator for Rancho 101 requesting a Joint Study Session with the Planning Commission and City~ouncil regardinCj Rancho 101 High Tech/Business Park. Counci 1 deni ed sai d request. --- i i I I l....",j The following informational items were noted with discussion on Items 2 and 3: . Planning Department, Staff Action Reports of December 22, 1983, and January 26, 1984; League of California Cities IIr,1arch on the Capitol", February 28, 1984. The Mayor noted here intent to participate; Bi g Brothers/Bi d Si sters Appreci ati on \Jeek .February 12-18, 1984. The Mayor requested Council volunteers to bowl February 25, 1984 (2:30 to 6:30 p.m.) in connection with said event. The following Council Members volunteered: A1berf, Kloecker, Mussallem and Valdez; The National Arbor Day Foundation re: Tree City, U.S.A.; and Supervisor Susanne Wilson re: 'IIAvoid the Thirteenll Program. The Report of the Planning Commission Meeting of January 19, 1984, was noted. The Report of the'Planning Commission Meeting of February 2, 1984, was noted. .... -...II Di scussion was had regarding County Referral re: South Valley Hospital Use Permit noting Staff's letter response and the Planning Commission's recommendation to reword the last paragraph to clarify the City's intent. S. J. Hori zon Noted response to San Jose Horizon 2000 Alternati ve Development 2000 Scenarios for Coyote Valley. Moti on ,was made by Councilwoman Albert seconded by Council man Valdez and carried that the letter response be approved and that copies be forwarded to each individual City of San Jose Council Member as well as the Planning Commission. P & R Com. 1/17/84 Bldg. Codes Res. #84-17 The Minutes of the Parks and Recreation Commission Meeting of January 17, 1984, were noted. The Minutes of the Seni or Citi zens I Advi sory Committee Meeting of December 1983 were noted. City Administrator Baksa noted a recommendation to adopt the 1982 Building Codes and 19~1 Electrical Codes. Mr. Dave Tatro, General Contractor, addressed the Council re- questing tabling adoption of the 1982 Building Code to allow an amend- ment to same mOdifying H 6 occupancy. .. .... Chief Building Inspector James noted that he intends to meet with interested parties in regard to this proposed amendment to the 1982 Building Code and has no objection to postponing adoption of the 1982 Building Code as requested. Motion was made by Councilman Gage seconded by Councilman Mussall- em that the reading of Resolution No. 84-17 be waived and that it be adopted i ncl uding Uni form Pl umbi ng, Mechani call Admini strati ve, Housing and Abatement Codes, 1982 Editions with modifications recommended. -" Res. #84-18 i i - Yarrington Law Suit Personnel Appeals ~ Di r. Pub. Wks. Position 4979, n RESOLUTION ,NO. 84-17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM PLUMBING, MECHANICAL, ADMINISTRATIVE, HOUSING, AND ABATEMENT CODES, 1982 EDITIONS, WITH MODI FICATIONS. .' . . pASSED AND ADOPTED th'is 6th day of February, 1984, 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 Gage seconded by Councilman Mussallem that the reading of Resolution No. 84-18 be waived and that it be adopted. RESOLUTION NO. 84-18 , , RESOLUTION OF THE COUNCIL OF THE CITY OF GIL.ROY ADOPTING THE NATIONAL ELECTRICAL CODE 1981 EDITION WITH MODIFICATIONS. PASSED AND ADOPTED this 6th day of February, 1984, by the followinq vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Discussion w'as had in regard to Morgan Hillis refusal to pay for the Yarrington Law Suit Legal Fees. Motion was made by Councilman Mussallem seconded by Councilman Gaae and carried that the matter be referred to arbitration per the Joint Powers Agreement, as recommended. Motion was made by Councilman Kloecker seconded by Councilman Mus- sallem and carried that an Open Personnel Appeal Hearing be set for Monday, February 27, 1984, at 7:00 p.m. and for Monday, March 12, 1984, at 7:00 p.m. a Personnel Appeal Hearing, as recommended. It was noted that it has not ,: been determined if the March 12, 1984, Hearing will be open or closed. City Administrator Baksa noted that Council will be receiving written material on the above matters. City Administrator Baksa reported that the recruitment for the position of Director of Public Works will begin this week and is expected to be completed in approximately ninety days, and the position is antici- pated to be filled by June 1, 1984. American Divers. City Administrator Baksa reported that American Diversified Capital tap. 'Corp: Corporation was successful in obtaining Mortgage Revenue Bond Financing Mort. Rev. through the County of Santa Clara; noting a recent resolution of intention Bonds approved by the County. Dev. Agree. Obata Bros. & Prospect- 9rs Realty f!!>''''';~ - Gil roy Visitors Counsel City Administrator Baksa noted requests for Development Agreements \'1ith Prospector's Realty and Obata, Brothers for revie\'l. The Mayor noted requests to the City to pay attorney's fees in defense of criminal actions relating to discharges at the sewer plant. Motion was made by Councilman Kloecker seconded by Councilman Valdez and carried that the requesti be ~enied on the basis that they are not in the best interest of the City. The Mayor requested a Council representative for the Board of Direc- tors Gilroy Visitorls Counsel. Councilman Ga1e volunteered for sa~e. The Mayor oresented an i nvitat i on from the Board of Suoervi sors of the County of Santa Clara to local elected officials to have their vehicles tested for smog emissions"on February 7, 1984,-!at Noon, in the parking lot on West Hedding Street. ' Councilman Gaae invited Council and Staff to a fund-raising dinner on behalf of Gavilan College District through the local Chamber of Commerce and noted reservations could be made through him. 1 I 4980 City/School Liaison Committee Adjournment .. The Mayor also noted that there will be a fund-raising dance at Ch~istopher's Ranch follow~d by ~~ auction on Sunday for Gavilan College. Councilman Mussallem gave a progress reoort nf the Santa Clara Valley Water District - South Zone Advisory Committee Meeting attempt- ing to create ways and means to raise revenue to offset storm damage costs. Councilman Kloecker noted the C.itizens' Sewer Advisory Commit- tee Meeting of February 7, 1984, at 7:30 p.m. Councilman Gage noted that he would be absent at the February 21, 1984, Council Meeting. Councilman Valdez gave a report on the City/School Liaison Com- mittee Meeting r~g~fding th~'Kern A~enue'site and coordinating neighbor- hood park and the continuation school and elementary,school. He noted that there will be a presentation to this Council at the Capital Improve- ment Study Session regarding same~ He further noted that discussion was also had regarding potential lighting of the softball field and tennis courts at the high school. He noted that both the School Board and City Council will be requested to takea'position on same. He further noted that the Committee will be meeting on selection of a future elementary school site in the northwest quadrant of the City. At 11:49 p.m., the meetino was adjourned to Tuesday, February 21, 1984"at 8:00 p.m. (February 20 being a legal holiday). Respectfully submitted, ;d~b)~~ ' . . City Cl erk.