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Minutes 1979/08/20 !To" ' - ~~ ~ ".,-~ ,.,..-'f'''' \.,"'_~._ ~....~,-,_"",,-,,-,,,~,,~,,,,,,'_''-'r'_ ".",~._-;'._~ 4259 August 20, 1979 Gilroy, California ~ .. The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Roll Call Present: Council Members: William E. Childers, Brian D. Cunningham, Roberta H. Hugh an , Marion T. Link, David V. Stout and Norman B. Goodrich. Absent: Council Member: John E. Pate. - ... Garlic Festival The Mayor presented Mr. Hiram Miller, president of the Gilroy Chamber of Commerce, with Resolution No. 79-63 commending the Gilroy Garlic Festival Committee. The Mayor noted that he would be a participant on the Dinah Shore Show taping August 21, 1979, regarding the Gilroy Garlic Festival to be viewed on T.V. sometime during the week of September 20, 1979. Consent Calendar The Mayor requested that Item "C" under the Consent Calendar re: Well No. 6 be removed for discussion. Motion was made by Councilman stout seconded by Councilman Cunning- ham that the following items under the Consent Calendar, excluding Item "C", be approved as recommended by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, stout and Goodrich. Absent: Council Member: Pate. Minutes Approved the Minutes of the Regular Council Meeting of August 6, 1979; w-......~ Damage Claim- J. Rogers Salary Achieve. Increases City $971 from Denied a damage claim of Judy Rogers; "',,,',.,,* Approved Salary Achievement Increases for the following two (2) Employees: Rosalie Andrews, Clerk Typist I, Range 23 from Step D, to Step E, $1,016 and Leticia Felix, Clerk Typist Aide, Range 20.5 Step A, $748 to step B, $786; Ord. #79-20 re: Ambulance Regulations Adopted Ordinance No. 79-20 regarding Ambulance Regulations. ORDINANCE NO. 79-20 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 3A OF THE GILROY CITY CODE PERTAINING TO AMBULANCES. PASSED AND ADOPTED this 20th day of August, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNN:NGHAM, HUGHAN, LINK, STOUT and GOODRICH COUNC IL MEMBERS: NONE COUNCIL MEMBERS: PATE NOES: ABSENT: Well #6 The Mayor reported on Well No. 6 noting that said well tested nitrates below the Health Department requirements. City Administrator Wood noted that all of the City's wells are below the State of California standards and that Gilroy has not had a problem. He noted that the City will continue tests on Well #5 and may view casing by remote T.V. if testing indicates a continuing elevated nitrate count. Res. #79-67 Motion was made by Councilman Link seconded by Councilman stout that the reading of Resolution No. 79-67 be waived and that it be adopted authorizing filing of an application to construct Well No. 6 (required by the State Department of Health). -- ... RESOLUTION NO. 79-67 ....,~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PERTAINING TO CONSTRUCTION OF WELL NO. 6 IN THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of August, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: PATE NOES: ABSENT: - -.........~..-"'_~~"..- ____--.....-~"...........__._"'~._.~~_, . -.:".~..q.._ ..,..____..-.:.....'....~_~_'.._..:~Lr..IJ..,.: ...l~. <',..... 4260 The Mayor announced that the General Plan and Land Management Policy is in its final stages and instructs the City Administrator to make a study and report back to Council on feasibility of centralizing information to the public for land development to be given out by one person. ... - 5th st. storm Director of Public Works-City Engineer Hansen presented and Dr. Proj. 79- explained a report on bids received for the Fifth street storm Drain 8 Bids Project 1979-8 and request to continue same to the september 4, 1979, Council meeting due to the bids being considerably higher than the Engineer's estimate. The Mayor so ordered same. -- Pub. Hear. re: RV Vehicles The Mayor stated that it was the time and place scheduled for a Public Hearing on the proposed Zoning Ordinance amendment regulating storage locations for recreational vehicles and trailers. .... Planning Director Dorn presented and explained the Staff Report and the proposed ordinance with additional recommendations by the Planning Commission. City Administrator Wood recommended tabling adoption of the ordinance until proposals come forth to support same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Fernando Rosso, 6720 Rosanna Street, addressed the Council requesting permission to park recreational vehicles in driveways. Mr. Frank Sherwood, 704 Georgetown Place, addressed the Council to allow parking of recreational vehicles in the front driveways and noted that few recreational vehicles are below the seven (7) foot height limitation proposed by the Planning Commission. Mr. Ralph Hotfelter, 541 West Tenth street, addressed the Council and presented petitions containing approximately 400 signa- __ tures requesting adoption of an ordinance allowing property owners of any operable recreational vehicle or trailer to be parked in the .. side, back, or front of a residence if the vehicle does not extend over the public sidewalk and is at least two (2) feet from the side property line. The City Clerk noted additional petitions received August 20, 1979, containing approximately thirty-seven (37) signatures. Ms. Alice Hicks, 7625 El Roble Court, addressed the Council requesting no limitation on height of recreational vehicles and that said vehicles be allowed to be at least two (2) feet from the side property line. She also recommended that the City not allow new development in the City unless there is adequate access in the side yards with ingress to the rear of the lots. Ms. Linda Leal, 860 Willard Court, addressed the Council noting concurrence with the proposed ordinance with the exception of the seven (7) foot height limitation. The Mayor asked if there was anyone further 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 Link seconded by Councilman Childers and carried that the public hearing be closed. - -- Discussion was had by Council in regard to the proposed ordi- nance. Motion was made by Councilman Link seconded by Councilman Childers and carried that the reading of a proposed ordinance be waived, that it be introduced and published by title and summary as submitted amending Section 25.51 of the City Code re: Recreation Vehicles and Trailers. - ... !-1~'~ -.. !IIIIJl"i-'~, - Royal West Temp. Trail- er Permit Royal west Build-out Schedule HCD Jt. Powers Agreement ~"",~q;jO ~",. ,~" "....~.....,.T....~,~.....__._'O'-..~.._R: ~'-""-_"""::'" 4261 Motion was made by Councilman Link seconded by Councilman Childers and carried that the reading of the proposed ordinance be waived, that it be introduced and published by title and summary re: section 57.1 and 57.2(b) as recommended by the Planning Commission and that the word "concrete" be removed from Section 57.4. The Mayor thanked those interested in the recreational vehicle matter for their interest and attendance. The Mayor declared a recess at 9:02 p.m. and reconvened the meeting at 9:03 p.m. A request from Royal West, Inc., for a temporary trailer permit at their construction site on Church street was noted. Motion was made by Councilman Childers seconded by Councilman Link and carried that Royal west, Inc., be granted a temporary trailer permit at their construction site at Welburn Avenue and Church ,Street, expiring August 20, 1980. A request from Royal west, Inc., for a change in their build-out schedule was noted, and further explained by Planning Director Dorn. Motion was made by Councilwoman Hughan seconded by Councilman Childers and carried that no action be taken on the build-out schedule request of Royal west, Inc., and that they be referred to their seller. A proposed HCD Joint powers Agreement and request for Council changes prior to adoption by the County was noted and further explained by Councilman Link. Councilman Link suggested that said agreement be for one year rather than two years and that said agreement not be signed until the Board of Supervisors adopt a plan for funding. Council was requested to submit suggested changes at the next regular Council Meeting for Representative Link to present same to the County on September 6, 1979. " Wojahn-Mesa Rd. A request of Gary Wojahn for a variance in sewer and water Service installations off Mesa Road was noted and further explained by Director of Public Works-City Engineer Hansen. Fire Chief Brittain further explained that the six (6") inch lines requested would be sufficient. Discussion was had on the matter. Plan. Com. 8/16/79 - ..... Gilroy Fire Assoc. ~ - Motion was made by Councilman stout seconded by Councilman Cunning- ham and carried that the variance be denied. The following informational items were noted with no separate discussion on same: Speaker of the State Assembly Leo T. McCarthy in re: to A.B. 8; and League of California Cities Peninsula Division Meeting of August 30, 1979. The report of the Planning Commission meeting of August 16, 1979, was noted. City Administrator Wood presented a request of the Gilroy Fire Association for twelve (12) hours personal leave rather than eight (8) hours due to the fifty-six (56) hour per week and forty (40) hour per week Fire personnel. Discussion was had on the matter. Fire Chief Brittain further explained the fifty-six (56) hour week and forty (40) hour week for Fire Personnel. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Gilroy Fire Association be granted twelve (12) hours personal leave as requested for fifty-six (56) hour per week employees. Councilman Childers voted "no" on the motion 41'-:-~'fIo-----""~'""'~'- ~-. ~__"-'-~"'" . ,,:,--- .."._ '~.'__~""_'___' ~. . /" 4262 Abandoned Vehicle City Administrator Wood presented the Abandoned Vehicle Program Abatement Program Agreement and resolution approving execution of same. ..- l_H i Res. #79-68 Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 79-68 be waived and that it be adopted. RESOLUTION NO. 79-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF A CONTRACT WITH THE CALIFORNIA HIGHWAY PATROL FOR ABANDONED VEHICLE ABATEMENT PARTICIPATION. PASSED AND ADOPTED this 20th day of August, 1979, by the following vote: AYES: - - COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, and GOODRICH NONE PATE HUGHAN, LINK, STOUT NOES: ABSENT: COUNC IL MEMBERS: COUNCIL MEMBER: H. S. Hersman Property City Administrator Wood presented a letter from Wells Fargo Bank in regard to H. S. Hersman Trust and request for City's interest in same. City Administrator Wood explained that the Downtown Merchants have not made a decision in regard to their interest in said property. Discussion was had by Council. Motion was made by Councilman Cunningham seconded by Council- man Stout and carried that the City Administrator be instructed to attempt to negotiate with the Wells Fargo Bank on a one (1) year rental basis, a portion of same to be applied to the $86,000.00 pur- chase price and in the event that same cannot be negotiated, to con- tact the Council to determine where said funds can be obtained to purchase said property outright. ~, Reclaimed Water-Golf Course City Administrator Wood presented and explained a report in regard to payment of reclaimed water at the Golf Course. Discussion was had on the matter. City Administrator Wood noted that the City is being charged for said water under a prior agreement but, to date, said water is not being used at said site. Council agreed to continue to supply water to the Golf Course at no charge, use said reclaimed water, if possible, and fund same from the Water Fund. - City Administrator Wood recommended that the Council Golf Course Advisory Committee set a meeting date to continue study with the Golf Course Board of Directors regarding the new proposed agreement. Council set August 29, 1979, at 3:00 p.m. for said meeting date. Tax Rates Ord. 79-22 & 79-23 City Administrator Wood presented and explained a report re: 1979-80 Tax Rates. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Stout that the reading of Ordinance No. 79-21 fixing amount of revenue from property taxes necessary to pay bonded or other indebtedness be waived and that it be adopted. ORDINANCE NO. 79-21 ..... ORDINANCE OF THE CITY OF GILROY FIXING AMOUNT OF REVENUE FROM PROPERTY TAXES NECESSARY TO PAY BONDED OR OTHER INDEBTEDNESS OF THE CITY OF GILROY OR ANY PORTION OR DISTRICT OF THE CITY OF GILROY FOR THE FISCAL YEAR 1979-1980. PASSED AND ADOPTED this 20th day of August, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: PATE - NOES: ABSENT: ... - ,'V' 4263 U!!'l"~""'I~ Motion was made by Councilman Link seconded by Councilman stout that the reading of Ordinance No. 79-22 setting the 1979-1980 Tax Rates be waived and that it be adopted. -. ORDINANCE NO. 79-22 -"" ORDINANCE OF THE CITY OF GILROY FIXING THE AD VALOREM ASSESSMENT FOR THE CURRENT FISCAL YEAR 1979-1980 NECESSARY TO PAY BONDED INDEBTEDNESS OF THE CITY OF GILROY AND THE CITY OF GILROY PARKING DISTRICT NO. 1 - FIRST AND SECOND DIVISIONS. PASSED AND ADOPTED this 20th day of August, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, STOUT and GOODRICH COUNICL MEMBERS: NONE COUNCIL MEMBER: PATE NOES: ABSENT: - The Mayor noted that the report on the status of Well No. 6 was discussed earlier this evening. Co. Bus System Director of Public Works-City Engineer Hansen presented a report on proposed new bus stop locations for the County Transit Bus System. Councilman Cunningham recommended that a red zone be installed on the east side of northbound Wren Avenue traffic just north of Welburn Avenue. Councilman Childers objected to the proposed bus stop on princevalle Street at the Medical Center. Councilman Stout presented and read a composition in verse in regard to meetings. Weighing Station Councilman Link reported that a weighing station proposed to be Co. of S.C. located .in the County has requested Council endorsement of same at the County Public Hearing. Planning Director Dorn reported that the Planning Commission took no action on same. .. Old City Hall City Administrator Wood reported on the Old City Hall Council Advisory Committee setting policy guidelines for Old City Hall proposals in order for the City to advertise for proposals. He noted that proposals would be submitted in writing in octOber 1979. Council would then set a hearing and each group could add to their proposals and then the Council Advisory Committee would recommend to Council on the most desirable proposal. Councilwoman Hughan noted that the Growth Management Advisory Committee has submitted a proposed ordinance to the Planning Commission for recommendation. Fire Chief Brittain reported that the Chestnut Street Fire Station, now 7~ years old, has recently been painted with joint efforts from the Summer Youth Program. Councilwoman Hughan suggested that Council view the new El Roble Park Construction Project. HCD City Administrator Wood reported that under section 3.12 Community Rehabilitation Loans have been allocated to the City in specific designated areas at 3%. He noted that only two (2) applications have been submitted, one from Garcia's Restaurant and one from the Old Gilroy Hotel property owners. He noted that Parks and Recreation Director Ayer has an interest in the latter property as a limited partner, and that the Federal Govern- ment has no objection to same as long as the applicant has no voice in approving said loan, and it was noted that this is done by the Federal Government not the City. ...... -- ~ - 4264 Earthquake Loans : City Administrator Wood noted that earthquake damages have been filed with the County who files same with the state for possible loans to cover said damages. He noted that said loans are limited and only feasible if the City combines damages with the unincorporated area, San Benito County and Hollister. He noted that latter areas have now filed same with Washington, D. C. and should hear in three (3) weeks. He noted that the interest for said loans are 3% to home- owners and 5% to businesses. Deferred Agree. Annex. Planning Director Dorn requested Council action in regard to entering into deferred annexation agreements with property owners developing property outside the City noting a specific request on Roop Road. Council instructed the Planning Director to notify the County that the City would participate in agreements for properties outside of the City's Transition Zones. Adjournment At 10:28 p.m., motion was made by Councilman Link seconded by Councilman Cunningham and carried to adjourn to Tuesday, September 4, 1979, due to September 3, 1979, being a Legal Holiday. Respectfully submitted, ~)~.d~ City Clerk .............~,. ~~"... ~ ,."...,..'.:."'.,.... ....._","..... J... .., ..,.., '-"'~ .... ~-" ....""..._~ .-tt-..-, 1. L..;..... 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