Minutes 1980/08/04
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Consent
Calendar
Minutes
Ord. #80-24
Zon. Ord.
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Minutes
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Damage
Claim
Ga r 1 i c
4445
Augus t 4, 1980
Gilroy, California
The Regular, Meeting of the Gilroy City Council was called to
order by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Sharon Albert, Brian D. Cunningham,
Roberta H. Hughan, Marion T. Link, John E. Pate and Norman B. Goodrich.
Absent: Council Member: Robert E. Taylor.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried by the following Roll Call Vote that the following items
under the Consent Calendar be adopted: Ayes: Council Members: Albert,
Cunningham, Hughan, Link, Pate and Goodrich. Absent: Council Member:Taylor.
Approved the Minutes of the Adjourned Regular Council Meeting
of July 15, 1980;
Approved the Minutes of the Regular Council Meeting of July 21,
1980;
Adopted Ordinance No. 80-24 Amending Section 24.9 of the Zoning
Ordinance Establishing New Density Limitations in R3 Districts.
ORDINANCE NO. 80-24
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 24.9 OF THE ZONING
ORDINANCE PERTAINING TO R3 DENSITY.
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
Approved the Minutes of the Adjourned Regular Council Meeting
of July 28, 1980; and
Denied a Damage Claim of Mr.lh~mas Tamplin.
Festival Motion was made by Councilman Cunningham seconded by Councilwoman
Albert and carried that all members of the Council, citizens and Garlic
Festival Committee Members be congratulated on a successful Garlic
Festival August 2 and 3.
Bids re: Jani-
tori a 1 Serv.
New City Ha 11
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Pub. Hear. re:
S.C.Co. Hous-
ing Authority
Rezoni ng
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City Administrator Wood presented and explained a report on
Janitorial Services for the new City Hall recommending awarding the
bid for same to Arias Janitorial Services.
Motion was made by Councilman Cunningham seconded by Councilman
Pate and carried that Arias Janitorial Services be awarded the bid for
janitorial services at the new City Hall as recommended.
The Mayor stated that it was the time and place scheduled for
Council discussion and decision as to the adequacy of the Initial Study
for the rezoning request of the County of Santa Clara Housing Authority,
applicant, on 6.1 acres located at the northeast corner of Third Street
and Wren Avenue from R1 (Single Family) District to R3 PUD (Low-Density
Multiple-Family) District and continued PUD Design Review. He further
stated that the Public Hearing was held on July 7, 1980, closed and
Council decision continued to this date.
Motion was made by Councilman Cunningham seconded by Councilwoman
Hughan and carried that the Public Hearing be reopened to accommodate
anyone in the audience wishing to present additional input on the proposed
rezoni ng. Councilman Li nk voted "no" on the moti on.
Planning Director Dorn presented supplemental data and explained
the addendum to the Initial Study.
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The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Maury Barrackman, 7630 Santa Paula, addressed the Council
and presented a petition containing approximately 347 signatures in
favor of the proposed Senior Citizens' Housing Project.
Mr. Bob Saks, representing the neighborhood in the immediate
area of the proposed project addressed the Council and noted concern
of landscape maintenance funds for the project. He recommended that
a one (1) to three (3) year maintenance bond be required. He also
noted concern with the design of the buildings, specifically, that
there was no additional input by the people in the immediate area in
regard to the proposed building roofs. He further noted that Council
had the option to require a full EIR for the project. He requested
that the people in the area be allowed to meet with Staff and the
applicants for answers to issues that still disturb them.
The Mayor asked if there was anyone further in the audience
wishing to speak for or against the proposed matter. There was no
further comment from anyone in the audience.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Discussion was had on the matter by Council.
Motion was made by Councilman Link seconded by Councilman
Pate and carried that the Initial Study with additional supplemental
information received be approved as being complete and adequate.
Councilman Cunningham voted "no" on the motion.
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Motion was made by Councilman Link seconded by Councilman Pate
and carried that a proposed ordinance rezoning the subject property
be introduced, reading waived and published by title and summary.
Counci lman Cunni ngham voted "no" on the moti on. __
Contd. Pub.Hear. The Mayor stated that it was the time and place scheduled for .~
re: EIR & a continued Public Hearing to review the EIR and Tentative Map for
Tent.Map a twenty-five (25) acre Commercialj Industrial Subdivion fronting on
G.Coats the south side of Highway 152 approximately 2,000 feet east of U.S.
(Silaccij 101jTenth Street Interchange, Geary Coats, Coats Consulting, appli-
Reeder) cant (SilaccijReeder).
Planning Director Dorn presented and explained the Staff
Progress Report noting that Staff, Developers, and adjacent property
owners met and agreed with the street patterns as indicated on
Exhibit lie', as confirmed in the Director of Public Works' memorandum.
City Administrator Wood noted that Staff reviewed the distance
from the overpass to Brem Lane and that same is not as close at it
appears; that there is sufficient distance for a traffic signal at
said location.
The Mayor asked if there was anyone in the audience wishing
to speak on the matter.
Mr. Geary Coats, applicant, addressed the Council noting that
he was present to answer any questions. He noted that all property
owners understand that they will share in the cost of said signal.
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.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Discussion was had on the matter by Council.
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the EIR be approved and certified as
submitted, </1\t, cft.'~ -a- I_~~r ~ 4J ~4~
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4447
Pub.Hear. re: The Mayor stated that it was the time and place scheduled for a
Weed Abate. Public Hearing on the Report and Assessment of Abatement of Weeds and
Refuse.
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The Fire Chief's Report on same was noted.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter. There was no comment from anyone in the
audience.
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Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that the Public Hearing be closed.
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Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 80-69 confirming the Report and
providing for assessments be waived and that it be adopted.
RESOLUTION NO. 80-69
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT
OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF
PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE
CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY
OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS
AGAINST THE RESPECTIVE OWNERS OF LAND.
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL r1E~1BER: TAYLOR
So. Co. Housing Mr. Florintino Guizar, Administrative Aide to the Executive
Dev. Corp. Director of the South County Housing Development Corporation, addressed
the Council requesting that the Progress Report of said corporation be
tabled to await the Executive Director's presence. The Mayor so ordered.
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The Mayor asked if there was anyone in the audience wishing to
speak on any matter not on the agenda. There was no comment from anyone
in the audience.
Library
Subsidy
A letter from Supervisor Wilson was noted in regard to the
Library Subsidy and further explained by City Administrator Wood.
Ms. Barbara Campbell, County Librarian, addressed the Council
and further explained the proposal.
Discussion was had by Council on the matter.
~1otion was made by Counci lwoman Hughan seconded by Counci lwoman
Albert and not carried that the City contribute one-half (1/2) of the
requested amount in support of the Library with a report in six (6)
months to consider the balance at that time. Council Members Cunningham,
Li nk and Pate voted IInoll on the moti on.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham and carried that the request for financial assistance to the County
Library be denied. Council r1embers Albert and Hughan voted IIno" on the
motion.
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H . Ma n te 11 i
City Administrator Wood recommended that the letter request of
H. Mantelli for inclusion of a parcel of land in the Urban Service Area
be referred to the Planning Commission. The Mayor so ordered.
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LAFCO
A Report on the Gilroy-LAFCO Workshop July 17, 1980, was noted.
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Councilman Cunningham inquired of the status of the Exxon Industrial
Park request in the Evergreen area. Planning Director Dorn noted that
he would inform Council of theCounty.s actions regarding same.
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Cont. Telephone Information from the Continental Telephone Company in regard
Rate Increase to a proposed General Rate Increase was noted.
League Legis-
lation
K. Orndoff
Arch. &
Site Pl ans
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Mr. Tom Taricco, local manager of the Continental Telephone
Company addressed the Council and further explained the proposed
rate increase. He noted that the present general residence monthly
rate is $6.00 and the proposed rate is $9.20.
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City Administrator Wood presented the League of California's
recommendations on four (4) major Legislative Bills. Council
agreed to follow the League1s recommendations on same.
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A request of Mr. K. Orndoff for a six (6) months extension for
resubmittal of plans to the Architectural and Site Committee was noted.
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Motion was made by Councilwoman Hughan seconded by Councilman
Link and carried that Mr. K. Orndoff be granted a six (6) months
extension for resubmittal of plans to the Architectural and Site Control
Committee as requested.
So. Co. Housing Ms. Olivia Sahagun, Executive Director of the South County
Dev. Corp. Housing Development Corporation, addressed the Council and presented
a Progress Report specifically in regard to funding received and
porjects completed and proposed.
Lib. & Cult.
Com.
7/1/ 80
P & R Com.
7/15/80
Personnel Com.
7/23/80
Monthly
Reports
Criminal
History
The fOllowing informational items were noted with no separate
discussion on same.
Schedule of County General Plan Hearings;
San Martin Homeowners and Residents Association in re: to
Areas of Influence;
South Valley Water Conservation District's name change to
Gavilan Water Conservation District, effective~ugust 1, 1980;
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Recommended nominations of the Peninsula Division of the
League of California Cities; and
Inter-Governmental Council re: Review of Draft County General
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Plan.
The tHnutes of the Library and Culture Commission t1eeting of
July 1, 1980, were noted.
The Minutes of the Parks and Recreation Commission Meeting of
July 15, 1980, were noted.
The Minutes of the Senior Advisory Council Meeting of June 17,
1980, were noted.
The Report of the Personnel Commission Meeting of July 23, 1980,
was noted and further explained by Personnel Director Booth.
t,1otion was made by' Councilman Link seconded by Councilman
Cunningham and carried that the recommended classification for
Firefighter be'approved.
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The Summary of Monthly Reports of June 1980 were noted.
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A request for adoption of a resolution and ordinance for
Access to Criminal History information was noted and further explained
by Police Chief Cowart.
The City Attorney recommended ,that a certified copy of Resolu-
tion No. 77-72 authorizing use of Criminal History information be
forwarded to the Department of Justice in lieu of adopting additional
unnecessary documents.
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M.Giofdana
Bldg. Permit
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Part-time
Emp 1 oyees
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Res. #80-70
Uniform
Fire Code
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New City
Hall
E.9th St.
et al
Assess. Dist.
Res. #80-71
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Res. #80-72
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4449
City Administrator Wood presented a Report on the reqaest of M.
Giordana to construct apartments in the moratorium area and recommended
that same be continued to December 31, 1980, when the moratorium is no
longer in effect.
Motion was made by Councilman Link seconded by Councilwoman Albert
and carried that said matter be continued to December 31, 1980, as
recommended.
City Administrator Wood presented a request for an increase for
part-time employees.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the part-time employees be granted a 12~% increase as
presented.
Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that the pay increase for part-time employees be effective
retroactive to August 1, 1980.
City Administrator Wood presented a recommendation to adopt the
1979 Uniform Fire Code.
Motion was made by Councilwoman Hughan seconded by Councilman Link
that the reading of Resolution No. 80-70 be waived and that it be
adopted approving the 1979 Uniform Fire Code with modification to permit
Safe and Sane Fireworks.
RESOLUTION NO. 80-70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM FIRE
CODE, 1979 EDITION, WITH MODIFICATION TO PERMIT "SAFE AND SANEIIFIREWORKS.
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NOME
ABSENT: COUNCIL MEMBER: TAYLOR
City Administrator Wood reported that the dedication of the New
City Hall has been scheduled for September 13, 1980.
City Administrator Wood presented a Report regarding formation
of East Ninth Street, et al, Assessment District.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham that the reading of Resolution No. 80-71 be waived and that it be
adopted of Preliminary Determination and of Intention.
RESOLUTION NO. i80-71
A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION - EAST NINTH
STREET, ET AL, ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR I
Motion was made by Councilman Link seconded by Councilman Cunning-
ham that the reading of Resolution No. 80-72 be waived and that it be
adopted approving and authorizing execution of an agreement for engineer-
ing services with W. H. Hanna & Son.
RESOLUTION NO. 80-72
A RESOLUTION APPOINTING ENGINEER AND AUTHORIZING EXECUTION OF AGREEMENT
FOR ENGINEERING SERVICES IN CONNECTION WITH EAST NINTH STREET, ET AL,
ASSESSr.1ENT DISTRICT. .
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
4450
Res. #80-73
Res. #80-58
Amendment
(Dev. Stand-
ards)
E.Lazzarini
Tent. Map
So.Co. Task
Force
Ki ngs Res t
Motel Sign
League Conf.
vJater
Supply
Garlic
Festival
Adjournment
: ~1otion was made by Councilma-n Link seconded by Councilman
Cunningham that the reading of Resolution No. 80-73 be waived and that
it be adopted appointing attorneys (Wilson, Morton, Assaf & McElligott).
RESOLUTION NO. 80-73
A RESOLUTION APPOINTING ATTORNEYS - EAST NINTH STREET, ET AL,
ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 4th day of August, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: TAYLOR
City Administrator Wood presented a recommendation to amend
Section I of the Development Standards Resolution No. 80-58. Dis-
cussion was had on the matter. The City Attorney recommended that
same be tabled to allow time to study the wording with Staff.
City Administrator Wood recommended continuing the discussion
of the amended Tentative Map TM #79-2 (Ed Lazzarini) to the August
18, 1980, Regular Council Meeting at the request of the applicant.
City Administrator Wood presented a South County Task Force
proposed Joint letter to the Board of Supervisors. Discussion was
had on the matter.
Motion was made by Councilman Link seconded by Councilwoman
Albert and carried that said joint letter be approved as submitted
to include the fOllowing additions to the issues of concern to the
South County: Requesting full funding of the Library Program and
requesting the County to honor all other commitments.
City Administrator Wood presented an appeal received too late
for the Agenda from Kings Rest Motel on the Planning Commission's
denial of a sign variance. Motion was made by Councilman Link
seconded by Councilman Pate and carried that a hearing on same be
scheduled for August 18, 1980.
City Administrator Wood noted that the Annual League of
California Cities Conference will be in Los Angeles October 19-22,
1980, and noted that he would make reservations for those interested.
City Administrator Wood reported on the City's water supply
recommending continued investigation of Well No.5 regarding the
increase in nitrates at said location. Council concurred with pro-
ceeding on same.
Parks and Recreation Director Ayer reported on the Garlic
Festival's successful event.
At 9:54 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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