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Minutes 1985/09/16 1 51 7 4 Roll Call Intro. New Employee ... September 16, 1985 Gilroy, California Mayor Hughan led the Pledge of Allegiance to the Flag. The Regular Meeting of the Gilroy city Council was called to order by Her Honor Roberta H. Hughan at 8:01 p.m. Present: Councilmembers: 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 employee, Linda Ozuna, Secretar in the Fire Department and noted Nelson George, Building Inspector, not present for introduction. Employee Award Consent Calendar Minutes - Project Acceptance .. Res. #85-60 Utility Agree. ,. 5175 The Mayor presented the Employee of the Month Award for August, 1985, to Albert Wilson" Parks & Recreation Department. 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: Councilmembers: Albert, Gage, Kloecker, Mussallem, Pate, Valdez and Hughan: Approved the Minutes of the Regular Council Meeting of September 3, 1985; Accepted the following projects as recommended: Agricultural Dis~ tribution Pipeline 1985-3; Sewage Wet Well Odor Control Improvement; and Aeration System Modification; and re: Adopted Resolution No. 85-60 authorizing execution of a utility agreement to accommodate State's resurfacing project. RESOLUTION NO. 85-60 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING UTILITY AGREEMENT NO. 110.23.1 TO ACCOMMODATE THE STATE OF CALIFORNIA'S RE- SURF.A.CING PROJECT ON ROUTE 152. PASSED AND ADOPTED this 16th day of September, 1985, by the following vote: AYES: NOES: ABSENT: COUNCIL MErmERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Historic Survey Consultant Bid City Administrator Baksa presented a recommendation to award the bid of Bonnie L. Bamburg & Associates in the amount of $13,000.00 for an Historic Survey Consultant.. ,~ - Pub. Hear. re: Zone Ord. Text Amend. - Pub. Hear. J. Price Tent. Map .. Motion was made by Councilman Valdez seconded by Councilman Mussallem and carried that the bid of Bonnie L. Bamburg & Associates in the amount of $13,000.00 be awarded for an Historic Survey Consultant as recommended. The Mayor stated that it was the time and place scheduled for the continued Public Hearing to consider a Zoning Ordinance Text Amend- ment to Section 22.30 to allow additional conditional uses in the M2 (General Industrial) Zone Districts that have adopted specific plans, Joel Smoeln, applicant. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Paul BarriSh, 7530 Arroyo Circle, representing the applicant, addressed the Council noting concurrence with the Staff Report. Motion was made by Councilman Gage seconoed by Councilman Mussallem and carried that the Public Hearing be closed. Motion was made by Councilman Mussallem seconded by Councilman Gage and carried that the reading of the proposed ordinance approving the amendment as recommended,by the Planning Commission be waived and that it be introduced and published by title and summary. re: The Mayor stated that it was the time and place scheduled for the continued Pu."blic Hearing to consider a Tentative gap request of Jim Price for a Residential Condominium Townhouse Subdivision of 18 lots on property located on the east side of Wren Avenue at Maria Way on approxi- mately 2.62 acres zoned R3 (Hedium Density Resic.ential) District. A letter from the applicant requesting continuance of the Public Hearing was noted. Motion was made by Councilwoman Albert seconded by Councilman Gage and carried that the Public Hearing be continued to October 21, 1985, as requested. 5176 Pub. Hear. re: Silicon Val- ley Dev. T.M. Res. #85-61 Pub.Hear. re: LATP Assmt. Dist. Refin- ancing Res. #85-62 The Mayor stated.that it was the time and place scheduled for the continued Public Hearing to consider a Tentative Map re- quest of Silicon Valley tevelopment Corporation for a Residential Subdivision of 45 lots on property located at the immediate north- west corner of Santa Teresa Boulevard and Mantelli Drive on approxi- mately 10.1 acres zoned Rl (Single Family Residential) District. The Mayor noted that she would not take part in the dis- cussion nor action on the matter due to a conflict of interest in said property. The Staff Report was noted and further explained by Planning Director Dorn including the twenty-two recommended conditions. - . '.... The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. William K. Henry, representing Garcia & Henry and the applicant, addressed the Council noting that basically they are in accord with the twenty-two recommended conditions. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Mussallem and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Kloecker that the reading of Resolution No. 85-61 be waived and that it be adopted approving the Tentative Map with conditions recommended. RESOLUTION NO. 85-61 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTA- TIVE MAP FOR 45 RESIDENTIAL LOTS ON 10.1 ACRES, MORE OR LESS, AT THE IMMEDIATE NORTHWEST CORNER OF SANTA TERESA BOULEVARD AND MANTELLI DRIVE. ..... PASSED AND ADOPTED this 16th day of September, 1985, by the follow- ing vote: AYES: -Mo.' COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE and VALDEZ NONE HUGH AN NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: The Mayor explained the action taken by Council for the benefit of the government students present in the audience. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider making changes and modifications to Las Animas Technology Park Assessment District Reassessment and Refunding. Resolution No. 85-62, a resolution ordering changes and modi- fications, was read. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Paul Barrish, representing Las Animas Technology Park, 7530 Arroyo Circle, addressed the Council requesting Council ac- tion to allow timely processing of the bond recall and refunding. ..... k_...M Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the Public Hearing be closed. On motion of Councilmember Gage, seconded by Councilmember Mussallem and unanimously carried, said. resolution was adopted. RESOLUTillON NO. 85-62 A RESOLUTION ORDERING CHANGES AND MODIFICATIONS - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of September, 1985, by the fol- lowing vote: - I ... Res. #85-63 "lI'I'ti'."'''lIl -~ Res. #85-64 Res. #85-65 -- ... 5177 AYES: COUNCILMEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ and HUGHAN COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE NOES: ABSENT: Mr. Ralph Nofield, Project Engineer - Reimer Associates, presented his report consisting of a schedule setting forth the unpaid principal and interest on the bonds to be refunded and the total amounts thereof, the total estimated principal amount of the reassessment and of the refunding bonds and the maximum interest rate thereon, toget"l1er with an estimate of cost of the reassessment and of issuing the refunding bonds, including all costs of issuing the refunding bonds, as defined in the Gilroy Code, the .auditor's record kept pursuant to said Code, showing the schedule of principal installments and interest on all unpaid original assessments and the total amounts thereof, the estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number on the reassessment diagram, together with a proposed auditor's record for the reassessment prepared in the manner described in said Code, and a reassessment diagram showing the assess- ment district and the boundaries and dimensions of th~ subdivisions of land within the district. After full discussion and consideration by the Council, the report was ordered filed. Resolution No. 85-63, a resolution of preliminary approval of Engineer's Report, was read. On motion of Councilmember Pate, seconded by Councilmember Mussallem and unanimously carried, said resolution was adopted. RESOLUTION NO. 85-63 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER'S REPORT - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT REASSESSMENT AND REFUNDING. PASSED AND ADOPTED this 16th day of September, 1985, by the following vote: AYES: COUNCILMEMBERS: ALBERT, GAGE, and HUGHAN NONE NONE KLOECKER, MUSSALLEM, PATE, VALDEZ NOES: ABSENT: COUNCILMEMBERS: COUNCILMEHBERS : Resolution No. 85-64, a resolution appointing time and place of hearing protests in relation to proposed reassessment and refunding and directing notice, was read. On motion of Councilmember Valdez, seconded by Councilmember Mussallem and unanimously carried, said resolution was adopted. RESOLUTION NO. 85-64 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED REASSESSMENT AND REFUNDING AND DIRECTING NOTICE - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT REASSESSMENT AND REFUNDING. PASSED AND ADOPTED this 16th day of September, 1985, by the following vote: l-'3ES: COUNCIL !"EI1BE~S: HUSSALLEM, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, XLOECKER, Vl~LDEZ and HUGHAN NONE NONE Resolution No. 85-65, a resolution describing boundaries of re- assessment district,C directing filing of boundary map and reassessment diagram and the recordation of Notice of Reassessment, was read. On motion of Councilmember Pate, seconded by Councilmember Gage, and un- animously carried, said resolution was adopted. RESOLUTION NO. 85-65 A RESOLUTION DESCRIBING BOUNDARIES OF REASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDA.RY MAP AND REASSESSMBNT DIAGRAM AND THE RECORDATION OF NOTICE OF REASSESSMENT - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT REASSESSMENT AND REFUNDING. PASSED AND ADOPTED this 16th day of September, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEH, PATE, VALDEZ and HUGHAN COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: 5178 Pub.Hear. re: HCD Funds The Mayor stated that it was the time and place scheduled for a public hearing to consider a Housing and community Develop- ment (HCD) Fund transfer. City Administrator Baksa explained the proposal. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Ms. Marie Juncker, representing South County Housing, addressed the Council urging approval of the fund transfer to their Aspen Grove Project. - The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. Mi Motion was made by Councilwoman Albert seconded by Council- man Kloecker and carried that the $39,000.00 HCD Fund transfer to the Aspen Grove Project of South County Housing be approved sub- ject to the County's approval of said project, noting the funds would revert back to the city project if the County did not ap- prove said project. Res. #85-66 re: City Administrator Baksa presented a recommendation to adopt Electrical the 1984 National Electrical Code. Code Motion was made by Councilman Gage seconded by Councilman Mussallem that the reading of Resolution No. 85-66 be waived and that it be adopted. RESOLUTION NO. 85-66 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING THE NATIONAL ELECTRICAL CODE 1984 EDITION WITH MODIFICATIONS. PASSED AND ADOPTED this 16th day of September, 1985, by the fol- lowing vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, KLOECKER, MUSSALLEM, PATE, VALDEZ 'and HUGHAN NONE NONE ~ C,. .. DeBell Memorial Mr. James V. Simoni addressed the Council regarding a pro- (Uvas Park posed memorial for Dennis DeBell, challenging the community to Preserve) match the $1,000,000.00 donation for Uvas Park Preserve Project and presented a $100.00 check to the City representing his con- tribution for same. The Mayor thanked Mr. Simoni and referred the matter to the Parks and Recreation Commission for further consideration and recommendation. The Mayor asked if there was anyone to speak on any matter not on the agenda. anyone in the audience. in the audience wishing There was no comment from The following informational items were noted with no separate discussion on same, excepting Item 4. Planning Staff Actions, dated August 29, 1985; Proclamation issued by Mayor Hughan Month, October 1985; Crime Prevention ....... ~ Kaiser Foundation Health Plan appealing decision of the Planning Commission denying a Conditional Use Permit to allow medical offices at 7530 Arroyo Circle. (Public Hearing scheduled for September 30, 1985); and Joint Sewer Plan EIR Schedule. Councilman Kloecker in- quired when the EIR would be available for Council inspection. Planning Director Dorn noted that same is scheduled for dis- tribution after October 18, 1985, and that there would be an ap- proximate 60-day review period for same. Plan. Com. 11/5/85 JPSA 8/27/85 5179 The Report of the Planning Commission Meeting of November 5, 1985, was noted. The Minutes of the Joint Powers Sewer Advisory Committee Meeting of August 27, 1~25, were noted. Lib., & Cult. Com. The Minu.tes of the Library and Culture Commission Meetinq of 7/9/85 July 9, 1985, were noted. Library Hours - -- ."-"91 - P & R Com. 8/20/85 Bldg. Security Ord. Computer Task Force Dedication Ceremonies *""''''''''" Firefighter position Tenth St. Planning Com. Vacancy A request to reopen the Gilroy Public Library on Wednesday even- ings from October 2, 1985, through June 25, 1986, \Vas noted. Ms. Lani Yoshimura, Community Library Supervisor, addressed the Council requesting Council approval of the extended hours to better service the community. Ms. Carol Jaesch, County Librarian, addressed the Council and further explained the request and funding for said proposal. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mrs. Mary Lowe, 1231 Hersmann Drive, addressed the Council urging Council support to approve the request for extended library hours. Mrs. Elizabeth Lai and Loretta Schield, Li~rary and Culture Com- missioners, addressed the Council further urging Council support of the request. 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. Discussion was had by Council on the rnatter. Motion was made by Councilman Gage seconded 'Jy C:ouncilman l1ussaller:: and carried that the recruest for additional funding to extend the library hours be denied but authorized a letter to the County requesting additional funding, noting that the County's formula for fund distribution was not in accord with the services presently 'being provi~ed hythe Gilroy Public Library. The Minutes of the Parks and Recreation Commission Meeting of August 20, 1985, were noted. The Minutes of the Senior Citizens' Advisory Council Meetings of June 17, 1985, and July 15, 1985, were noted. The Minutes of the Golf Course Advisory Board meetings of June 11, 1985, July 9, 1985, and August 13, 1985, were noted. City Administrator Baksa distributed copies of Security Ordinance to Council for intrOduction at the regular Council Meeting. a proposed Building October 21, 1985, City Administrator Baksa gave an update on the Computer Task Force and noted that a recommended contract is proposed for Council approval October 21, 1985..; City Administrator Baksa noted Gavilan Sports Complex and Amphi- theater improvements dedication ceremonies scheduled for September 22, 1985, 4:00 - 6:00 p.m., Christmas Hill Park Fall Concert, and September 25, 1985, 7:30 p.m., Gavilan Sports Park. City Administrator Baksa gave an update on the Firefighter's position. City Administrator Baksa noted that a report on the Tenth Street Traffic Count and Research is proposed to be presented to Council Sep- tember 30, 1985. The Mayor noted a vacancy on the Planning Commission created by Commissioner Quartiroli and set September 30, 1985, to hear from citi- zens interested in said appointment scheduled for the October 21, 1985, Council Meeting. 51 80 Uvas Creek Levee proj. Gavilan College Kaiser Foundation Spec. Events- 1st Street Thomas Rd. Bridge Sewer Allo- cations Closed Session Adjournment The Mayor noted a recent meeting with the Santa Clara Valley Water District, County Planning Department and Steve Wilson in an effort to request funding for Uvas Creek Levee Project. Motion was made by Councilman Mu~sallem seconded by Council- woman Albert and carried that letters be forwarded legislature representatives urging support for Uvas Creek Levee Project funding. The Mayor noted that Assemblyman Areias has requested a rountable discussion with Council and that she would schedule a date and notify Council. - The Mayor appointed Councilman Valdez as th~City's repre- sentative to serve on the District/Community Advisory Committee (Gavilan College) to assist the Governing Board in the recruitment/ selection of the new superintendent/president. . j;;,...;::,:,w,j Councilman Mussallem inquired if Councilmembers under the Kaiser Health Plan could vote upon the Kaiser Foundation Health Plan Conditional Use Permit issue. City Administrator Baksa noted that he would obtain this information in time for the September 30, 1985 Council Public Hearing. Councilman Mussallem inquired of property owner notifica- tion on the Special Events on First Street hearing issue sched- uled for October 21, 1985. Councilman Mussallem inquired of the funding costs for Thomas Road Bridge widths, specifically cost of two additional lanes at some future date and providing Council with this informa- tion during the planning stages. City Administrator Baksa noted that he would provide Council with same. .- - City Administrator Baksa distributed additional sewer allocation information requested by Council for their Study Sessions. The Mayor noted the Council Study Sessions re: Sewer Allo- cations scheduled for September 17 and 18, 1985 - 3:00 p.m. to 6:00 p.m. in the Council Chambers. At 9:40 p.m., the Mayor adjourned the Meeting to a Closed Session re: Personnel Matters. The Mayor welcomed Council Candidates Brooks and Palmerlee, present in the audience. At 10:35 p.m., the Mayor reconvened the meeting and fur- ther adjourned to September 30, 1985, at 8:00 p.m. in lieu of the Regular Meeting of October 7, 1985, cancelled. ;;r:2~~' . City Clerk~ .- .......