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Minutes 1985/01/07 Roll Call Cert. of Service Employee of Honth-M. Costa Consent Calendar Ord. #85-1- Rezoning-Gil- roy Foods Ord. #85-2 Re- zoning-Over- land Enter. 5095 January 7, 1985 Gilroy, California !-1ayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy citv Council was called to order by Her Honor Roberta H. Hughan at 8:02 p.m. Present: Council MeMbers: Sharon A. Albert, Donald F. Gage, Paul V. Kloecker, Larry Hussallern, John E. Pate, Pete Valdez, Jr., and Roberta H. HUQhan. The Mayor noted Certificates of Service to retired Commissioners Dixie Del Biaggio, Library & Culture Commission, and Richard McGhee, Personnel Commission, not present to receive same. The Mayor presented an Employee of t~e Month Award for December, 1984, to Michelle Costa., Parking Enforcement A.ttendant. Motion was made by Councilman Gage seconded by Councilman Pate that the following items under the Consent Calendar be approved bv the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Huqhan: Adopted Ordinance No. 85-1 amendinq the Zoning Ordinance by re- zoning a 3.8 acre parcel located at 1590 Pacheco Pass Highway, east of Llagas Creek, from OS (Open Space) District to M2 (General Industrial) District, Gilrov Foods, Inc., applicant. ORDINANCE HO. 85-1 ORDINANCE OF THE CI",Y OF GILROY AMENDING THE ZONING ORDDmNCE OF SAID CITY BY REZONING A 3.8 ACRE PARCEL LOCATED AT 1590 PACHECO PASS HIGHWAY, EAST OF LLAGAS CREEK, FROM OS (OPEN SPACE) DISTRICT TO M2 ~ENERAL INDUS- TRIAL) DISTRICT. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; NOES: .ABS ENT : Adopted Ordinance No. 85-2 amendinq the Zoning Ordinance by rezoning a 1.6 acre parcel locpted on the west side of Kelton Drive, 300 feet north of First Street; from C3 PTJD (Shopping Center Commercial) Planned Unit Development District to R3 (Medium Density Residential) District, Overland Enterprises, applicant. ORDINANCE NO. 85~2 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 1.6 ACRE PARCEL LOCATED ON THE WES':!:' SIDE O"F' KELTON DRIVE 300 FEET NORTH OF FIRS':!:' STREET FROM C3 PUD (SHOPPING CENTER COM- MERCIAL) PLANNED UNIT DEVELOP~-1ENT DISTRICT TO R3 (MEDIUM DENSITY RESI- DENTIAL) DIS':!:'RICT. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDE7, and HUGHAN COUNCIL MEMBERS: NONE COTJNCIL MEMBERS: NONE NOES: ABSENT: 5096 Ord. #85-3 Inter- Adopted Ordinance No. 85-3 amending Chapter 15 o! the ~il~ state Trucks roy City Code by adding Article X relating to Interstate Trucks. Minutes Bids re: Pkg. Lot Irrig. & Landscaping Pub. Hear. re: 11th Yr. HCD Block Grant Applications ORDINANCE NO. 85-3 AN ORDINANCE OF THE CITY OF GILROY AMENDING CHAPTER 15 OF THE GILROY CITY CODE BY ADDING ARTICLE X RELATING TO INTERSTATE TRUCKS. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; Approved the Minutes of the Regular Council Meeting of December 17, 1985. ..~ City Administrator Baksa presented a recommendation to award a bid of Tim Glass Landscaping, San Martin, in the amount of $5,835 for Irrigation and Landscaping of the City Parking Lot at the northeast corner of Seventh and Rosanna Streets as recommended. The Mayor stated that it was the time and place scheduled for the Public Hearing on the City's 11th Year Housing and Communi- ty Development Block Grant Application. The Staff Report was noted and further explained by HCD Grant Coordinator Ford. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The following representatives from various agencies ad- dressed the Council requesting funds from the City's HCD alloca- tion: Ms. Marie Junker, South County Housing - $75,000. Ms. Mary Ellen Rocha, Operation Sentinel - $7,000. Albert Valencia, Executive Director of South County Alternatives and Ms. Icinda Siqueira, PhD - $25,000. William E. Ayer, Parks & Recreation Director, representing the Senior Citizens - $95,000. Richard L. Cox, Director of Public Works - $55,000 for smoke testing project located in the Old Quad. - ...... It was noted that the deadline for submitting City projects is January 31, 1985; projects submitted for the Competitive Pool are to be submitted to the County by January 15, 1985, at 5:00 p.m. Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Kloecker and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the City's funding for HCD Grant be allo- cated as follows: $55,000 - Old Ouad; $25,000 - Admin. Expenses; $25,000 - South County Alternatives; $7,000 - Operation Sentinel; and $39,000 - South County Housing contingent upon the South County Alternatives and South County Housing funding allocations be matched and if not, same is to be reverted back to the Senior Citizens' Project. "-"'11\ Pub. Hear. re: pre- The Mayor stated that it was the time and place scheduled zoning-R. for the Public Hearing to consider a pre zoning to Rl (Single Family Kishimura Residential) District on property located at 770 Dawn Way, west of Mesa Road on approximately 2.26 acres, Robert Kishimura, applicant. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was anyone in the audience wishin~ to speak on the proposal. -- Pub.Hear. re: Rezoning- Woodside Lnds. & Timber Corp. ... Pub.Hear. re: TM-Filice Est. Vyds. - .... Tent. Map- B.Mantelli Presbyterian Church re: city Servo ~ ...... 5097 Mr. William K. Henry, Jr., addressed the Council representing the applicant noting his presence for any questions. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Mussallem seconded by Councilman Valdez and carried that the reading of the proposed ordinance be waived and introduced and published by title and summary approving the prezoning. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider a rezoning request of woodside Lands and Timber Corp. and the City of Gilroy for property located at the north- west corner of Leavesley Road and Murray Avenue from M2 (Limited Indus- trial District to C3 (Shopping Center Commercial) and CM (Commercial Industrial) District, 13.10 acres. The Staff Report was noted and further explained by Planning Director Dorn. The Mayor asked if there was speak for or against the proposal. in the audience. anyone in the audience wishino to ':!:'here was no comment from anyone Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilman Mus- sallem that the reading of the proposed ordinance he waived and that it be introduced and published by title and summary approving the rezoning. It was noted that the Planning Commission had continued their Public Hearing to consider a Tentative Map request for a residential subdivision of 95 lots on property located between Hecker Pass Highway and Mantelli Drive, located west of Santa Teresa Boulevard, Filice Estates Vineyards, et al, applicant. Motion was made bv Councilman Gage seconded by Councilwoman Albert and carried that the City Council's Public Hearing be continued to their February 19, 1985, reoular Council Meeting. It was noted that the Planning cocrmission had denied the request to consider a Tentative Map request of Bert Mantelli for a residential subdivision of 62 lots on property located on the north side of Mantelli Drive, west of Welburn Avenue and said Public Hearing was removed from the Council Agenda. A letter from the Presbyterian Church of Gilroy for future city services was noted. Mr. William K. Henry, Jr., representing the applicant, addressed the Council further explaining the request. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that authorization be given to the Presbyterian Church for a fire hydrant service within the requirements of the City to include annexation and deferred development aoreements; said requirements to be obtained from the Fire Marshal. So. Valley Inter- A letter from the South Valley Intercommunity Hospital requesting Community Hosp.a General Plan Amendment was noted and further explained by Planning Gen.Plan Amend.Director Dorn. Mr. Bob Saxe, representing the applicant, addressed the Council and further explained the request. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the South Valley Intercommunity Hospital be authorized to file an application for a General Plan Amendment as presented. It was noted that this action does not ouarantee sewer allocation for the appli- cant. 5098 At 9:27 p.m., the Mayor declared a recess and reconvened the meeting at 9:33 p.m. Chamber of Com. Conv. & visi- tors Bureau A request of the Gilroy Chamber of Commerce for Convention and Visitors Funds was noted. A Staff Report of City Treasurer Reinsch and the Draft Tourism Development Plan were noted.' Ms. Janis Bolt, Executive Vice President of the Chamber of Commerce, addressed the Council and further explained the request. .... Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Gage and carried that the request be referred to the 1985-86 Budget Study Sessions and the Chamber submit a detailed accounting of the prior year ex- penditures and proposed Budget by April 1985. -.... The following information item was noted with no discussion on same: LAFCO-Sphere of LAFCO action establishing a Sphere of Influence for the Influence City of Gilroy. Plan. Com. 1/3/85 The Report of the Planning Commission Meeting of January 3, 1985, was ,noted. P. & R Com. . 12/18/84 The Minutes of the Parks and Recreation Commission Meeting of December la, 1984, and the Minutes of the Senior Citizens Advisory Council Meeting of November, 1985, were noted. Jt. Powers Sewer The Minutes of the Joint Powers Sewer Advisory Committee Adv. Com. Meetings of November 27, 1985, and December 18, 1984, were noted. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting 12/11/84 of December 11, 1984, were noted. ..... 1Oc"'" Def. Compo Plan City Administrator Baksa requested adoption of the De- ferred Compensation Plan Revision. Res. #85-1 Motion was made by Councilman Gage seconded by Councilman Valdezthat the reading of Resolution No. 85-1 to update the present plan be w~ived and that it be adopted. RESOLUTION NO. 85-1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE CITY OF GILROY DEFERRED COMPENSATION PLAN AS REVISED. PASSED AND ADOPTED this 7th day of January, 1985, by the follow- ing vote.: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Res. #85-2 Motion was made by Councilman Gage seconded by Councilman Valdez that the reading of Resolution No. 85-2 be waived and that it be adopted to adopt the ICMA Plan. ..... RESOLUTION NO. 85-2 ...... A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A DEFERRED COMPENSATION PLAN TO BE ADMINISTERED BY THE ICMA RETIRE- MENT CORPORATION. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, VALDEZ, NONE NONE GAGE, KLOECKER, MUSSALLEM, PATE, and HUGHAN NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: 5099 Stdy. Session re: It was noted that the previously scheduled Council Study Session Compo Fee of January 14, 1935, at 7:00 p.m. regarding the Residential Development Schedule Ordinance subject matter will be changed to the Comprehensive Fee Schedule proposal. - Res. #85-3 re: changes to Fire & Bldg. Codes ..... Res. #85-4 re: Fire Code ...' -... Res. #85-5 re: Bldg. Code Res. #85-6 re: Admin. & Plumbing Codes ...,.. '. """'- Sewer Allo- cations The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. Chief Building Inspector James presented recommendation to change and modify the Uniform Fire Code and Uniform Building Code. He noted a change under Section 2 recoIn111endinq deletion of Section 30l(b) 5 to be changed to Section 301(b) l-(e), under the Uniform Administrative Code. Motion was made by Councilman Gage seconded by Councilman Kloecker that the readinq of Resolution No. 85-3 be waived ana that it be adopted. RESOLUTION NO. 85-3 RESOLUTION OF THE COL~CIL CHANGES AND MODIFICATIONS CODE. PASSED AYES: OF THE CITY OF GILROY Ml\KU1S FINDINGS REGARDING OF THE UNIFORH FIRE CODE lmD UNIFORM BUILDING AND ADOPTED this 7th day of January, 1985, by the following vote: COUNCIL MEHDERS: ALBERT, GAGE, KLOECI:ER, !J\USSALLEM, PATE, VALDEZ and HU~Hrol NOES: ABSENT: COUNCIL HEHBEnS: NONE COUNCIL MEMBERS: NONE Motion was made by Councilman Gage seconded by Councilman Kloecker that the r~ading of Resolution no. 85-4 be waived and-that it be adopted. RESOLUTION no. 35--1 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY P,DO:?TINr:: THE mHFOR/1 FIRE CODE, 1982 EDITION, WITH MODIFICATIONS. PASSED AND ADOPTED this 7th day of Januarv, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSLALEM, PATE, VALDEZ and HUGHAN COUNCIL ME;MBERS: NONE COm'lCIL MEMBERS: NONE NOES: ABS ENT : Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 85-5 be waived and that it be adopted. RESOLUTION NO. 85-5 RESOLUTION OF THR COTlliCIL OF THE CITY OF GILROY ADOPTING THE UNIFORM BUILDING CODE, 1982 EDI'rION, WITH MODIFICATIONS. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COTmCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Motion was made by Councilman Gage seconded by Councilman Kloecker that the reading of Resolution No. 85-6 be waived and that it be adopted. RESOLUTION NO. 85-6 RESOLUTION OF THE COTJNCIL OF THE CI'rY OF GILROY TJNDER CITY CODE SECTION 6.1 AMENDING THE UNIFORM ADMINISTRATIVE CODE AND THE UNIFORM PLUMBING CODE AS IT APPLIF.S IN THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of January, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDE?: and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Discussion was had regarding the 1985 Sewer Allocation process. The Mayor asked if t~ere was anyone in the audience wishing to speak on the matter. Mr. Dennis Bates, Las Animas Technology Park, addressed the Coun- cil and presented an alternate proposal for their sewer allocation recom- mending approval of same. It was noted that same be referred to the scheduled Council Study Session of January 8, 1985. 5100 1985 Sewer Allocation Bldg. Permits re: Sewer Moratorium Jt. Powers Sewer Adv. Committee League of Calif. Cities Adjournment ~ The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Lloyd Martin, representing Jasker Properties, addressed the Council and requested that their proposed .008 sewer allocation be reduced to .005 and building completion in nine (9) months with the remaining allocation to be used in subsequent years. The City Attorney reported that there may be a proposed suit filed by Citizens for Progressive Gilroy against the City of Gilroy for a temporary restraining order to prevent the City from ~ssuing building permits; pending appeal to the State Water Quality Control Board the decision reached in Seaside by the local Water Ouality Control Board. He further noted that the Judge will be acting on same at 8:45 a.m., January 8, 1985, in Judge Stone's Court that may be handled in chambers. Mr. Shannon Kelley addressed the Council requesting that they be allowed to obtain building permits for those plans previously submitted. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried (the ~1ayor noted that she would be absent and not vote upon the motion due to a conflice of interest in the matter) that the January 4, 1985, revised sewer allocation based on maximum plant capacity @ 3.075 Gilroy share of 5.3 mgd and through July 1, 1986, be approved as presented to include a change in Jasker Proper- ties allocation from .008 to .005 as requested by Mr. Lloyd Martin, applicant. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that authorization be given Staff for issuance of appropriate building permits on January 8, 1985, at 8:00 a.m. Councilman Gage noted the Joint Powers Sewer Advisory Com- mittee Meeting scheduled for 8:00 a.m. on January 8, 1985. The Mayor noted the League of California Cities Peninsula Division Meeting of January 17, 1985. At 10:51 p.m., the Mayor adjourned the meeting to a Closed Session of the Council. At 11:20 p.m., the Mayor reconvened the meeting and further adjourned. Respectfully submitted,