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Minutes 1985/05/06 15124 I I I I 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 .... Ord. #85-9 Pre zoning Kishimura & City of Gil- roy ......, Minutes Plans & Dev. Agree.- Tr. #7673 Bids re: Housing Element - ...... Pub.Hear. re: CEQA Pro- cedures Res. #85-28 """'-: -- 5125 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 5126 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. ..... ....... 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. ....... - 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. .... ........ 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 ... ...... Recess , Alignment of Thomas Rd./ Uvas Creek Cable TV Rates ~'" -- Res. #85-29 Rail Passen- ger Service - 5127 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. 5128 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. ....... - 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. ...... ..- 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. ~ , - 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; -- - Plan. Com. 4/18/85 JPA Meetings 4/9, 4/25/8-5 Computer Consultant 1985-86 Budget Spec. Events Po 1i cy - .... Golf Course Manager Agreement Uvas Cr. Flood Control Proj. Council picture Planning Dept. Priorities -- ... Tenth St. Median Ivy-Parks Dept. Bus Top- 1st & Monterey 5129 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. 15130 I I Gavilan Water Dist.-Fee Increases Vehicles Adjournment " 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, ~~ ~ City Clerk