Minutes 1985/05/06
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Roll Call
Intro. New
Employee
Emp. of Month
Award
.May 6, 1985
Gilroy, California
Mayor Protempore Gage led the Pledge of Allegiance to the
Flag.
The Regular Meeting of the Gilroy City Council .was called
to order by His Honor Mayor Protempore Gaoe at 8:03 p.m.
Present: Council Members: Sharon A. Albert, Paul V. Kloecker,
Larry Mussallem, John E. Pate, Pete Valdez, Jr. and Donald F. Gage.
Absent: Council Member: Roberta H. Hughan.
The Mayor Protempore introduced new employee, Jane L.
Maringer, Recreation Coordinator - Therapeutic.
Mayor Protempore Gage presented the Employee of the Month
Award for April, 1985, to Harold Ritter, Assistant Fire Chief.
The Hayor Protempore introduced Mr. ,John Regan, neVJ Gilroy
Chamber of Commerce Manager, who further introduced Mr: Jim Yates,
Visitors & Convention Bureau Coordinator for the Chamber.
Consent
Calendar
Minutes
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Ord. #85-9
Pre zoning
Kishimura &
City of Gil-
roy
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Minutes
Plans & Dev.
Agree.-
Tr. #7673
Bids re:
Housing
Element
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Pub.Hear. re:
CEQA Pro-
cedures
Res. #85-28
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Motion was made by Councilman Pate seconded by Councilman Mussal-
lem that the following items under the Consent Calendar be approved by
the following Roll Call Vote: Ayes: Council Members: Albert, Kloecker,
Mussallem, Pate, Valdez and Gage. Absent: Council Member: Hughan.
Approved the Minutes of the Regular Council Heeting of April 15,
1985 ;
Adopted. Ordinance No. 85-9 pre zoning approximately 76 acres
adjoining the City, south of Las Animas Avenue, between Hurray Avenue
and the SPRR right-of-way as ~1l (LiNited Industrial) and PF (Park/Public
Facility) Districts, Kishimura, et al, and City of Gilroy, applicants.
ORDINANCE NO. 85-9
ORDINANCE OF THE CITY OF GILROY A1lliNDING THE ZONING ORDINANCE OF SAID
CITY BY PREZONING APPROXIMATELY 76 ACRES ADJOINING THE CITY OF GILROY
SOUTH OF LAS ANIMAS AVENUE BETWEEN MURRAY F~mNUE AND ",HE SOUTHERN PACIFIC
RAILROAD RIGHT OF WAY AS Ml (LIMITED INDUSTRIAL) AND PF (PARK/PUBLIC
FACILITY DISTRICTS.
PASSED AND ADOPTED this 6th day of May, 1985, by the fOllowing vote:
AYES: CO~CIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE, VALDEZ
and GAGE
COUNCIL Iv'iliMBERS: NONE
COUNCIL MEMBER: HUGHAH;
NOES:
ABSENT:
Approved the Minutes of the Special Council r-1eeting of April 25,
1985; and
Approved the Tract Hap improvement- plans and development agreement
for Tract No. 7673 (Hantelli) as recommended.
City Administrator Baksa presented a recommendation to award a
bid to Freitas & Freitas in the amount of $10,500.00 for consultant in
the preparation of a revised Housing Element for the City's General Plan,
further explained bv Planning Director Dorn.
Motion was made by Councilman Pate seconded hy Councilman Mussallem
and carried that the bid of Freitas & Freitas be awarded in the amount of
$10,500.00 for consultant in the preparation of revision of the City's
General Plan as recommended.
The Mayor Protempore stated that it was the time and place
scheduled for a Public Hearing to consider a revision of the City of
Gilroy's California EnvironNental Quality Act (CEQA) Implementing
PrQcedures.
Planning Director Dorn presented and explained the Staff Report.
The Hayor Protempore asked if there vIas anyone present in the
audience wishing to speak for or against the proposal. There was no
comment from anyone in the audience.
Motion was made by Councilman Hussallem seconded by Councilman
Valdez and carried that the Public Hearing be closed.
Motion was made by Councilman Pate seconded by Councilwoman
Albert that the reading of Resolution No. 85-28 be waived and that it
be adopted.
RESOLU~ION NO. 85-28
RESOLUTION OF THE COUNCIL OF THE CI~Y OF GILROY SETTING FORTH ENVIRON-
MENTAL IMPACT REPORT CRITERIA AND PROCEDURES FOR LAND PROJECTS IN THE
CITY OF GILROY, CALIFOR~JIA, SUPERCEDING PREVIOUS RESOLUTIONS NOS. 79-~9,
1742 and l70l.
PASSED AND ADOP'J.'ED this 6th day of May, 1985, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE, VALDEZ
and GAGE
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEf\ffiER: HUGHAN
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Personnel Session The Mayor Protempore announced Council's decision by a 6-1
re: MSO Deras vote not to recommend termination of Officer Deras and recommended
seven weeks suspension and six months probation.
Rent
Control
A Staff Report regarding the rent control issue was noted.
Mayor Protempore Gage asked if there was anyone present in
the audience wishing to speak on new information not previously
disucssed regarding the rent control issue.
Mr. Jack Kazanjian addressed the Council further noting his
opposition to rent control. He requested that the Council consider
a sunset provision at the end of the fourth or fifth year if a rent
control ordinance is adopted.
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The MayorProtempore asked if there was anyone further in
the audience wishing to speak with new information not previously
discussed regarding the rent control issue.
Mr. Joe Gamboa addressed the Council and spoke in favor of
a rent control ordinance for the City.
Mrs. Frances Light, 500 West Tenth Street, addressed the
Council noting that the rent in the Hobile Home Park will increase
an additional $25.00 July 1, 1985, and that the Social Security
payments will increase $23.00.
Discussion was had by Council on the matter. Motion was
made by Councilman Kloecker seconded by Councilman Pate and car-
ried that the City not adopt a rent control ordinance. Council-
woman Albert voted "no" on the motion.
Major Street
Imp. Study
A Comprehensive Major Street Improvement Study was noted
and further explained by Assistant Planner Thomas and Planning
Director Dorn.
Discussion was had by Council regarding the fee system and
implementation o~ same. Council agreed that a.Major Street Fee for
Gilroy be pursued.
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Council approved Alternate 3, Level of Service C, as the
minimum performance standard of city streets during peak travel
periods, as recommended.
Mr. Paul Barrish, Las Animas Technology Park, and Economic
Development Committee, addressed the Council offering assistance
to Staff and Council to further discuss this matter.
Council approved Alternative 2 (city-wide improvement area)
as the scope of the area of benefit for charging fees and install-
ing improvements, as recommended.
Council approved Alternate 4 as the basis used for the
method of calculating fees, specifically, to base the fee on the
average number of new vehicle trips generated during the peak hour
per residential, commercial and industrial acre to include the
Planning Commission's modification that Staff study possible fur-
ther breakdown of assessments for each type of residential develop-
ment.
Discussion was had regarding the categories of streets to
be improved by fees collected from new development, further ex-
plained by City Engineer Allen.
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Motion was made by Councilman Pate that Alternates 4 through 8
be approved as the categories of streets that should be improved
by fees collected from new development. Motion died for lack of
a second.
Motion was made by Councilwoman Albert seconded by Councilman
Mussallem and carried that Alternates 3 through 8 be approved for
categories of streets that should be improved by fees collected from
new development as recommended by Staff.
Revised Street
Standards
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Recess
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Alignment of
Thomas Rd./
Uvas Creek
Cable TV
Rates
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Res. #85-29
Rail Passen-
ger Service
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council approved Appendix D for types of improvements to be
funded by fees to include the Planning Commission's recommendation,
specifically, changing DEV to FEE for undergrounding existing utilities
for all three arterial street desiqnations in Appendix D and street
improvements serving public facilities shown in Appendix D be deleted.
Council further changed public facilities to "city" facilities.
Revised street standards were noted and further explained bv
City Engineer Allen.
Mrs. Connie Rogers, Chairperson of the Parks & Recreation Commis-
sion, addressed the Council noting that the Commission had not reviewed
the subject standards; however, have continually recommended that parking
strips be retained vs. monolithic curbs except in cul-de-sacs. Discussion
was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by Councilman Pate
and carried that the ~evised street standards as presented with the
exception of monolithic curbs be approved as presented and that the
parking strips/monolithic curbs issue be referred to the Parks and Recrea-
tion Commission for their recommendation on same.
At 10:03 p.m., the Mayor Protempore declared a recess and re-
convened the meeting at 10:10 p.m.
City Administrator Baksa presented a report on the alignment of
Thomas Road at Uvas Creek and further explained by City Engineer Allen.
Motion was made by Councilman Pate seconded by Councilman Mussal-
lem and carried that the alignment of Thomas Road at Uvas Creek be
approved as presented.
Mr. Mike Silacci, Falcon Cable TV, addressed the Council and
explained the recent $2.00 increase in cable television billing, noting
that same was approved in 1982 by the City as a converter charge; however,
not charged on billing until .recently; that said increase is substantiated
by increased costs for the now completed computerized system and additional
channels.
Discussion was had by Council on the matter.
Motion was made by Councilman Kloecker seconded by Councilman Pate
and carried by the following Roll Call Vote that the additional $2.00
charge recently implemented by Falcon Cable TV not be designated as a
converter charge; that the provider have the option of requesting a
basic rate increase, or that the $2.00 converter charge remain as an
optional item: Ayes: Councilmernbers: Albert, Kloecker, Mussallem, Pate,
Valdez and Gage. Absent: Council Member: Hughan.
Motion was made by Councilman Pate seconded by Councilman Kloecker
and carried that May 20, 1983, be set as a puhlic hearing date to con-
sider a rate increase for Falcon Cable TV.
The Mayor Protempore 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 resolution in support of
reinstatement of the rail passenger service between San Francisco and
Monterey.
Councilwoman Albert requested that the City's local railroad
station be included as part of said service. Heard from Mrs. Richard S.
Harrison explaining the cost o~ said service.
Motion was made by Councilwoman Albert seconded by Councilman
Valdez that the reading of Resolution No. 85-29 be waived and that it be
adopted as amended to add a request that the City's local railroad sta-
tion be included as part of said rail passenger service between San
Francisco and Monterey.
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IFDES
Parade
Res. #85-30
Butler Amuse-
ment Carnival
Gilroy Jaycees
Carnival
RESOLUTION NO. 85-29
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING
REINSTATEMENT OF RAIL PASSENGER SERVICE BETWEEN SAN FRANCISCO
AND MONTEREY.
PASSED AND ADOPTED this 6th day of May, 1985, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE,
VALDEZ and GAGE
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: HUGHAN
Noted a request of t~e I.F.D.E.S. to copduct a parade on
May 12, )985.
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Motion was made by Councilman Pate seconded by Councilman
Valdez that the reading of Resolution No. 85-30 be waived and that
it be adopted requesting approval of the State of California, De-
partment of Transportation, Division of Highways, to permit the
I.F.D.E.S. annual parade as well as other annual parades approved
by the City.
RESOLUTION NO. 85-30
RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE
OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS,
TO PERMIT PARADES WITHIN THE CITY OF GILROY FROM TIME TO TIME ON
STATE ROUTE 152.
PASSED AND ADOPTED this 6th day of May, 1985, by the following
vote:
AYES:
COUNCIL MEMBERS: ALBERT, KLOECKER, MUSSALLEM, PATE,
VALDEZ and GAGE
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: HUGHAN
NOES:
ABSENT:
A request of Butler Amusements was noted for permission to
conduct a carnival May 8-12, 1985, to be sponsored by Hope Rehabili-
tation.
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Motion was made by Councilman Pate seconded by Councilman
Mussallem and carried that the request of Butler Amusements be
approved granting permission to conduct a carnival May 8-12, 1985,
subject to compliance with all city regulations.
A request of the Gilroy Jaycees was noted for permission to
sponsor a carnival May 16-19, 1985.
Motion was made by Councilman Pate seconded by Councilman
Mussallem and carried that the request of the Gilroy Jaycees be
approved granting permission to conduct a carnival May 16-29, 1985,
subject to compliance with all city regulations.
Mr. Richard Byrum, General Agent for Butler Amusements,
addressed the Council thanking them for approving their request
and noting that it is possible that the carnival sponsored by
Gilroy Jaycees notified him that they intend' to conduct their car-
nival May 8-12, 1985.
Council noted that the Gilroy Jaycees request was for May
16-19, 1"985, and that said specific dates is, in fact, what Coun-
cil has approved, and they have not been granted permission to
operate in the City on any other dates.
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The following informational items were noted with no
separate discussion on same:
Proclamations issued by Mayor Hughan and Mayor Protempore
Gage: Wellness Week - May 19-26, 1985; Hospital Week - May 12-18,
1985; Older Americans' Month - May 1985; Traffic Safety Week - May
19-25, 1985; Flag Day - June 14, 1985; Law Enforcement Week - May
13-18, 1985; and Hire a Veteran Week - May 5-11, 1985;
City's response supporting AB 2483 establishing the Cali-
fornia Main Street Center Program;
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Plan. Com.
4/18/85
JPA Meetings
4/9, 4/25/8-5
Computer
Consultant
1985-86 Budget
Spec. Events
Po 1i cy
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Golf Course
Manager
Agreement
Uvas Cr. Flood
Control Proj.
Council
picture
Planning Dept.
Priorities
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Tenth St.
Median
Ivy-Parks
Dept.
Bus Top-
1st & Monterey
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State Office of Eistoric Preservation approving grant to city of
Gilroy for a Historical and Arc~itectural Survey;
Gilroy Chamber of Commerce re: S8,ver Treatment Plant capacity;
Monthly Investment Report;
Santa Clara County Intergovernmental Council, "The Great Garbage
Sortee," May 15, 1985; and
Response to South Valley Refuse Disposal donation.
Noted the Planning Co~mission Report o~ their April 18, 1985,
meeting.
Noted the Minutes of the Joint Fowers Sewer Advisory Committee
Meetings of April 9 and 25, 1985.
City Administrator Baksa presented a :::-eport a_DC. recommendation to
award the bid for computer consultant to the Warner Group, Woodland Hills.
Motion was made by Councilman Pate seconded by Councilman Kloecker
and carried that the bid of the Warner Group be awarded for the City's
Computer Consultant.
City Administrator Baksa presented and distributed the 1985-1986
Preliminary Budget. Council set May 13, 14, and 16*, 1985, at 7:00 p.m.
for Council Study Sessions on said budget. *(subsequentZy changed to
5:00 p.m.~ 5/16/85).
City Administrator Baksa distributed Special Events Policy data,
noting that the City's insurance representative will be present at the
Hay 20, 1985, regular Council ~~eetinq to further explain the City's
liability regarding special events.
City Administrator Baksa presented and explained the Golf Course
Manager Agreement transfer. Discussion was had by Council on the matter.
Motion was made by Councilman Pate seconded by Councilman Kloecker
and carried that the Gol~ Coars~ I1anager Agr~ement and transfer of same be
approved subject to re~inement of the performance category by the City
Administrator and change of "profits" to "receipts."
City Administrator Baksa presented a request of the Santa Clara
Valley Water District for a brief presentation of the Corps of Engineers'
Uvas Creek Flood Control Project prior to their June 5, 1985, public
hearing. Date and time to be scheduled.
City Administrator Baksa noted a request of Mr. John White to
update Councilmeriliers' photos. Council requested that said photographs
be taken after the Novemher 1985 General Municipal Election.
City Administrator Baksa distributed proposed Planning Department
priorities and requested Councilmembers to return them to Staff in a
week. It was noted that the Planning Commission suggested high priorities
from No.1 through No. 17.
City Administrator Baksa noted that he forwarded Council copies
of the Hydrological Study by Chris Cain.
City Administrator Baksa noted that reconstru.ction of the Tenth
Street Median would be considered in the next year's Ca9ital Improvement
Program.
City Administrator Baksa noted that the Parks and Recreation
Department public 'relations campaign regarding the ivy issue will be
forthcoming soon.
City Administrator Baksa noted that the City Enaineer will be meet-
ing with Cal-Trans to consider relocating the bus stop at First and
Monterey Streets.
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Gavilan Water
Dist.-Fee
Increases
Vehicles
Adjournment
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ci~y Administrator Baksa noted ~ SO% increase in the
proposed budget of Gavilan Water District. Council requested a
letter be prepared for the Mayor Protempore's signature express-
ing the City's concern and opposition to same.
City Administrator Baksa recommended purchase of a one-ton
Ford Chassis truck with the City of San Jose in the amount of
$12,769.00. Motion was made by cou~cilman Mussallem seconded by
Councilman Pate and carried that the City purchase the truck with
the City of San Jose as recommended.
City Administrator Baksa recommended purchase of two addi-
tional vehicles resulting from duplicate orders, so as to benefit
the current cost prices. Motion was made by Councilman Pate
seconded by Councilman Valdez and carried that the two additional
vehicles be purchased in this fiscal year as recommended.
At 12:07 a.m., Tuesday, May 7, 1985, the Mayor Protempore
adjourned the meeting.
Respectfully submitted,
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~ City Clerk