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Minutes 1985/12/02 ~)207 December 2, 1985 Gilroy, California The Boy Scout Troop No. 708 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 8:03 p.m. Roll Call Present: Councilmeribers: Sharon A. Albert, Donald F. Gaqe, Paul V. Kloecker, Larry Mussallem, Daniel D. Palmerlee, Pete Valdez, Jr. and Roberta H. Hughan. Intro. New City Emp. The Mayor introduced new.City Employees, Firefighters Ed Bozzo, Scott Kouns and Colin Martin. Consent Calendar Motion was made by Councilman Gage seconded b'l Councilman Kloecker that the following items under the Consent Calendar be approved by the following Roll Call vote: Ayes: Councilnermers: Albert, Gage, Kloecker, Mussallem, Palmerlee, Valdez and Hughan: Mintues Approved the Minutes of the Regular Council Meeting of November 18, 1985; Dev. Agreements- Approved Development Agreements with American Diversified and Am. Diversi- with Victor LoBue, Jr. and a Deferred Development Agreement with Gilroy fied & V., Foods, Inc. as recoElnended. LoBue, Jr.; Gilroy Foods Ind. Dev. Authority- Roll Call Industrial Development Authority Present: Directors: Albert, Gaqe, Kloecker, ussallem, Palmerlee, Valdez and Hughan. Noted receipt of Industrial Development Bond Application - Las Animas Inn, a California Limited Partnership. Res. #85-2 Motion was made by Director Gage seconded by Director Mussallem that the reading of Resolution No. 85-2 be waived and that it be adopted for acceptance of application of Las Animas Inn, a California Limited partnersh.ip. RESOLUTION NO. 85-2* A RESOLUTION OF ACCEPTANCE 'OF APPLICATION OF LAS ANIMAS INN, A CALIFORNIA LIMITED PARTNERSHIP. PASSED AND ADOPTED this 2nd day of December" .1985, by the following vote: 5208 Res. #85-3 Pub.Hear. re: Draft EIR- Uvas Park Preserve Hearing re: Appeal-Bldg. @ Rossi Ln. & Mayock Rd. AYES: DIRECTORS: ALBER~, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN DIRECTORS: NONE .. , ,: DIRECTORS: NONE NOES: ABSENT: * This reso lution nu (l and void. To.be adopted by City Counci l ~ not Industrial Development Autho~ity; proposed to be adopted December 16~ 1985. Motion was made by Director Gage seconded by Director Mussallem that the reading of Resolution No. 85-3 be waived and that it be adoptedof'Determination and of Lntention.toundertake project for Las Animas Inn, a California Limited partnership, and to issue bonds therefor. "I~"""" .... RESOLUTION NO. 85-3* A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT FOR LAS ANIMAS INN, A CALIFORNIA LIMITED PARTNERSHIP, AND TO ISSUE BONDS THEREFOR. PASSED AND ADOPTED this 2nd day of December, 1985, by the following vote: AYES: NOES: ABSENT: DIRECTORS:ALBERT, GAGE, KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGHAN DIRECTORS:NONE DIRECTORS:NONE. * This resolution null and void. To be adopted by City Council~ not Industrial Development Authority; proposed to be adopted December 16~ 1985. The Mayor' adjourned the meeting ::of. the Industrial Develop- ment Authority. The Mayor st~ted that it was the time and place scheduled for a Public Hearing to consider a Draft-EIR for the Uvas Park Preserve on property located along.either side of the UvaS Creek Channel from the South Valley Freeway, northwest to Twin Bridges on Hecker Pass Road (Hwy. 152) on approximately 410 acres. ...,..-.....,~ - The Mayor noted she would conduct the Public Hearing but not participate in the discussion nor vote on the matter due to a conflict of interest in the proposed ter.ritory. " Planning Director Dorn noted the Staff Report and further explained the Draft.. EIR. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. There was nocomment.from anyone in the audience. Motion was made by Councilman Mussallem seconded by Coun- cilman palmerlee and carried that the Public;:: He'aringbe closed. Motion was made by Councilman Gage seconded by Councilman Mussallem and carried that the EIR for the Uvas Park Preserve be approved as presented. 2.\ The Mayor stated "that it "was the time and place scheduled for a Hearing to consider an appeal on the decision of the Plan- ning Commission re: approval of a metal building proposed to be erected at the immediate nor:thwest corner of Rossi Lane and Mayock Road. ""'111 ""*'" The Staff Report was noted and further ~xplained.by Plan- ning Director Dorn. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Ed Sanchez, Del Monte Developers, also representing Obata Bros., addressed the Council and noted that they proposed to conform to standards required; however, believe said standards are inconsistent. . 5209 The Mayor asked if there was anyone further in the audience wishing to speak. Mr. Al Woolworth addressed the Council objecting to the erection of said metal building. Mr. Elliott Rosenberq, Fuller Commercial Brokerage, representing Del Monte and Obata Bros., addressed the Council and noted concern about the project, its immediate vicinity and long-term aspects of the project. He requested that the high standards be maintained throughout the South- side Business Park and surrounding area. .- -- Mr. Robert Mann, Elko Drive, Sunnyvale, addressed the Council noting that they are in accord with the proposed conditions from 1 through 10; that the remaining conditions would not make the project ;feasible. Mr. Tom Cave, legal counsel for the vroposed project, addressed the Council further explaining same and what the applicant has agreed to in respect to complying with the required conditions. Mr. Ted Kubota, resident of Gilroy, addressed the Council urging Council to accept the erection of the proposed metal building. 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 Gage seconded by Councilman Kloecker and carried that the Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Mussallem seconded by Councilwoman Albert and carried that the matter be continued to the December 16, 1985 regular Council Meeting for a report back to Council with the hope that Mr. Mann and Staff can reach some accommodation as to the suggestions in Condition No. 11, satisfactory to Staff. ....... -- Firefighters' M.O.U.'s Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the Firefighter's Memorandums of Understanding be approved as submitted. It was noted that the Police M.O.U.'s had not been received. San Ysidro Pk. A report of the San Ysidro Park use Report was noted and further explained by Parks and Recreation Commission Chairperson Rogers who reported on the Task Force Meetings, and further explained by Parks and Recreation Director Ayer. Hs. Mary Ellen Bina, resident of Gilroy, addressed the Council supporting the reco~endation of the Parks & Recreation Commission and distributed infor~ation on Drug liliuse that she uses in her occupation as a Deputy Probation Officer and urged Council to establish a Substance Abuse Task Force as recommended and increase the City's overall police surveillance which she believes will serve the entire community and nto one specific pa.rk. Mrs. patricia Bentson, 490 Lewis Street, addressed the Council concurring with the Report and requested that police representation be at the proposed Study Session. - - Ms. Roxanne Wetzel, representing Las Madres Counsel and various other parenting groups of the City, addressed the Council noting that she has met with various officials of the community and recommends establishment of a Substance l~buse ':'ask Force. 'rhe Mayor requested that Ms. Wetzel prepare a letter of her testimony C'.r,d present same to Council- members. Council set January 27, 1985, at 7:00 p.m. as a Study Session regarding the san Ysidro Park issue. Councilmah Valdez encouraged citizen participation and recommendations to Council. The Mayor suggested that a representative ~f the County Drug Abuse Commission be invited to the Study Session. 5210 A/S 85-39 P. D. Addi- tion Motion was made by Councilman Gage seconded by Councilman Mussallem and .carried that the Negative Declaration be.. approved for A/S 85-39, Police Department Addition, as recommended. Commission Candidates The Mayor asked if there was anyone in the audience wishing to speak on their interest to commission.and advisory committee appointments to be made at the December 16,1985, regular Council meeting. The following addressed the Council indicating their interest: Debbie Nelson, Library & Culture Commission; Jeanne Gage, Library & Culture Commis~ion; Patricia Bentson; Parks & Recreation Commission. - -- It was noted by the Mayor that candidates could submit their resumes no later than December 11, 1985, for commission and com- mittee vacancies. Councilman Gage suggested that palnning Commission candi- dates not selected for said commission be contacted for possible interest in other commission appointments. The Mayor noted receipt of additional resumes from Mercy MOllinedo-Goold, Parks & Recreation Commission, and Michael Meehan, Personnel Commission. Plan. Com. Vacancy The Mayor recommended Connie Rogers to fill the unexpired term of Daniel D. Palmerlee (1-1-88).. Motion was made by Councilman Kloecker seconded by Council- woman Albert and carried that Connie Rogers be appoined Planning Commissioner to fill the unexpired term of Daniel D. Palmerlee (1-1-88) to become effective immediately, as recommended. The Mayor recommended the appointment of Gene 'Sakahara and Leonard Hale to the Planning Commission vacacies effective 1-1-86 for four year terms expiring 1-1-90. ... - Motion was made by Councilman.Kloecker seconded by Council- man Palmer lee and carried that Gene Sakahara and Leonard Hale be appointed to the Planning Commission effective 1-1-86 for four- year terms expiring 1-1-90, as recommended. So. Flood Zone Rep. The Mayor recommended the nomination of Councilman Mussallem for reappointment to the South Flood Zone of the Santa Clara Valley Water District as the City's representative. Motion was made by Councilman Gage seconded by Councilman Kloecker and carried that Councilman Mussallem be nominated for reappointment to the South Flood Zone of the Santa Clara Valley Water District as recommended. Strand Theater Property Ms. Sylvia Seagraves, 9415 Kern Avenue, addressed the Council presenting a petition signed by 230 signatures requesting the City to purchase the Strand Theater property and further explained same. The Mayor requested that this item be agendized for a Council Meeting in January 1986. ...... The fOllowing informational items were noted: '11\.".,.... City of San Buenaventura (Ventura) re: City's support for Cable TV litigation; Tichinin/Salgado Mr. Bruce Tichinin, representing Refugio Salgado re: duplex re:Duplexes - construction on Church Street. Mr. Tichini~ addressed the Council Church St. and further explained the matter. Council took the matter under advisement for discussion during a Closed Session to follow this regular Council Meeting; FLSA Resolution. U.S. Senator Wilson and Law Offices - Liebert, Cassidy & Frierson. P & R Com. 11/19/85 - - computer System ~ Septic Tank Disposal Fees - Compo Fee Schedule 5211 u.s. Senator Cranston re: Federal Highway Legislation; Congressman Zschau re: Funding pajaro River (Uvas-Carnadero Creek) Project; and u.S. Senator Wilson re: Congressional Issues. The Minutes of the Parks and Recreation Commission Meeting of Novenilier 19, 1985, were no1:ed. The Minu~:es or:: the Senior ]~dvisory ~oard ~-1eeting of October 21, 1985, were noted. The Minutes of the Senior Advisory Board Meeting of October 21, 1985, and the Minutes of the Gilroy Golf r.ourse?\dvisory Board Meeting of ~ovember 12, 1985, wp.re noted. city Administrator Baksa noted that it may be necessary to schedule a Special Council Meeting next week for award of the computer system contracts. City Administrator Baksa recommended authorization to hire the Warner Group on an hourly basis for assistance needed to oversee imple- mentation schedules for the new computer systems. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Warner Group be hired on an hourly basis for assistance as recommended. City Administrator Baksa noted that Council would be informed periodically on the use of the Warner Group, consultants. City Administrator Baksa noted a recommendation by the Joint Sewer Advisory Committee for an increase in septic tank disposal fees from 1~9 per gallon to 29 per gallon. Motion was made by Councilman Kloecker seconded by Councilman Mussallem and carried that the 29 per gallon fee for septic tank disposal be approved as recommended to become effective after January 1, 1986. City Administrator Baksa noted proposed revision of the Compre- hensive Fee Schedule for the January 6, 1986, regular Council Meeting. city Administrator Baksa gave an update report on the signed sewer allocation agreements. City Administrator Baksa noted a City/School Liaison Committee Meeting scheduled for DecP~ber 11, 1985 at 4:00 p.m., City Hall, regard- ing School Impaction Fees. Res. #85-82 re: Motion was made by Councilman Gage seconded by Councilwoman Hist. Preserv. Albert that the reading of Resolution No. 85-82 be waived and that it Grant-Old be adopted. City Hall - ... RESOLUTION NO. 85-82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION AND THE PROJECT AGREEMENT FOR HISTORIC PRESERVATION GRANT FUNDS FOR OLD CITY HALL STABILIZATION PROJECT FROM THE CALIFORNIA PARK AND RECREATIONAL FACILITIES ACT OF 1984. PASSED AND ADOPTED this 2nd day of December, 1985, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE,KLOECKER, MUSSALLEM, PALMERLEE, VALDEZ and HUGH AN COUNCIL MEI1BERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: The Mayor reported on the County General Plan Amendments withdrawn and postponed noting that the City's arguments were considered. Councilwoman Albert noted the CDBG requests for proposals are due January 15, 1986, for review of same. l 5212 Tichinin/ Salgado .. Th~ Mayor noted the Joint Speci~l 'Me.eting of the Gilroy/ Morgan Hill city Councils, December 14, 1985 - 1:00 p.m., Gilroy City Hall Council Chambers, re: EIR for the Long-term Wastewater Management Plan for the Cities of Gilroy and Morgan Hill. At 10:46 p.m., the Mayor adjourned to a Closed Session re: Attorney Tichinin's letter concerning duplex construction on Church Street. At 11:14 p.m., the Mayor reconvened the meeting and announced that the matter would be taken under advisement for a legal opinion and that a Closed Session would be scheduled for 6:30 p.m. December 16, 1985, for a pUblic announcement proposed for 7:00 p.m. December l6, 1985, regular Council Meeting. At 11:15 p.m., the Mayor further adjourned to the Special Joint Council Meeting of December 14, 1985 - 1:00 p.m. and noted the next regular Council Meeting is scheduled for 7:00 p.m. December 16, 1985. -2;:724 ?....!:It.. .. City Clerk