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Minutes 1980/12/15 Roll Call Consent Calendar Minutes 4499 / December 15, 1980 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:07 p.m. Present: Council Members: Sharon Albert, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Brian D. Cunningham. (Councilman Cunningham entered at 8:08 p.m. and took his seat at the Council table.) Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich. Approved the Minutes of the Regular Council Meeting of December 1, 1980; 4500 Merit Increase Pub.Hear. re: Weed Abate. Res. #80-113 Pub.Hear. re: Aloha Club Ca rd Room License Pub. Hear. re: G.Nolte & Assoc. Pub.Hear. re: J.Smolen Rezoning, etc. Pub.Hear. re: Jamina Invest. Rezoning, etc. Approved one (1) merit ste~ increase for Curt Stewart, Chief Building Inspector, from $2,193.00 to $2,303.00, effective December 1, 1980; Adopted Reoslution No. 80-113 setting January 5, 1981, as a Public Hearing re: 1981 Weed Abatement Program declaring same to be a public nuisance and ordering the Fire Chief to abate same. RESOLUTION NO. 80-113 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DE- SCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 15th day of December, 1980, by the following vote: AYES: COUNCIL ME~1BERS: HUGHAN, LINK, PATE, NOES: ABSENT: COUNCIL ~1EMBERS: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, TAYLOR and GOODRICH NONE NONE Set January 5, 1981, as a Public Hearing date re: an appeal on denial of a Card Room License application at the Aloha Club, 7287 Monterey Street, Gilroy, Mauro Castillo, applicant; Set January 5, 1981, as simultaneous Public Hearing on EIR, prezoning, and Tentative Map requests of George Nolte & Associates, applicants, on 138 acres located on the east side of South Valley Freeway between Pacheco Pass Hi ghway and Luchessa Avenue 'to t12 (General Industrial) and HC (Highway Commercial) Districts; Set January 5, 1981, as simultaneous Public Hearings on EIR, Specific Plan, rezoning requests of Joel Smolen, applicant, on 171 acres located east of the South Valley freeway, north of Gilman Road and south of Leavesley Road from IZ (Interim Zone) and HC (Highway Commercial) to M2 (General Industrial) and HC PUD (Highway Commer- cial Planned Unit Development) Districts; Set January 5, 1981, as simultaneous Public Hearings on rezoning and Tentative Map requests of Jamina Investments, appli- cants, on 16 lots located at 8660 and 8670 Murray Avenue, on the east side of Murray Avenue between Gavilan Court and Burke Drive (3.14 acres) from R1 (Single Family) District to R1 PUD (Single Family Planned Unit Development) District; and Res. #80-114 re: Adopted Resolution No. 80-114 establiShing inspection fees Barroom Insp. at $40.00 annually, effective December 17, 1980. Fees Bids re: Rosanna St. & Li brary Pkg. Proj. Pub.Hear. re: RenzjKirk Const. Re- zoning RESOLUTION NO. 80-114 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING INSPEC- TION FOR BARROOM PREMISES. PASSED AND ADOPTED this 15th day of December, 1980, by the fOllowing vote: AYES: NOES: ABSENT: COUNCI L MH1BERS: ALBERT, CUNNINGHAM, HUGHAN, U NK, PATE, TAYLOR and GOODRICH . COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Director of Public Works-City Engineer Hansen requested con- tinuance of the report on bids received for the Rosanna Street Park- ing and Library Parking Project. The Mayor stated that it was the time and place scheduled for a Public Hearing on a request of Don RenzjEd Kirk Construction Company to consider a rezoning from R1 (Single Family) District to R2 PUD (Two Family Planned Unit Development District on approximately five (5) acres, located at East Sixth Street and Rogers Lane; a Tentative Sub- division Map for Residential Subdivision of 37 lots and a Planned Unit Development Design Review. ; ....- ~...._~. ~ ,N .....-i..Il..~ ...."l'''-' tL.......,., '.~ ''', ~^', '-.b<t....~. '" <. ... .......'. '.. . ,,> '. > .' "- .-'.',',c__ '" \'- .<: ......* ,."."" -"'-- ",,,--.i,,,_I..,..-.-..,,,' , ,...;i, --,-~',.. ;." "" -"',", ....- '.... i:.'a.l..'"3. "'I '. ... '_'..' o.....'~ : i I l..- o 4501 Planning Director Dorn presented and explained the Staff Report regarding same. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. Mr. Ed Kirk, co-applicant, addressed the Council noting his presen:e to answer questions on said proposal. 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 Cunning- ham and carried that the Public Hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of an ordinance rezoning said property be waived and that it be intro- duced and published by title and summary. Motion was made by Councilman Link seconded by Councilman Pate and carried that the most recently filed Tentative Map be approved as presented. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the Design Plans as presented be approved. AMD The Mayor noted that Council would not be making any decisions this evening regarding AMD proposal and that no discussion would be had regarding same. He asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mr. Al Youngworth, 8745 Burchell Road, addressed the Council on behalf of Mrs. Youngworth, member of the Citizens' Advisory Committee of the City's General Plan, noting his objection of the City to pursue AMD proposal in relation to the City's General Plan. The ~1ayor requested that t.1r. Youngworth address the Council on this matter at the proper time when the City conducts public hearings on the AMD proposal. . The Mayor asked if there was anyone in the audience wishing to address the Council on any matter not on the agenda, noting that this portion of the agenda is primarily for pertinent matters received too late to be agendized. There was no comment from anyone in the audience. Optimist Club Lic. Fee City Administrator Wood presented a letter from the Optimist Club of Gilroy requesting waiver of the business license fee for selling Christmas Trees. Motion was made by Councilman Pate seconded by Councilman Link and carried that the request for waiver of the license fee be denied. Council- man Cunningham voted "no" on the motion. Hwy 152 Proj. City Administrator Wood introduced ~1r. Richard E. Gee, Ca-Trans District Project Engineer, to further explain the time schedule and funding for the Highway 152 Safety Project. Mr. Richard E. Gee addressed the Council noting that said project is scheduled for construction in the summer of 1982, Federal funding 86%, State funding 14% matching funds. He further noted that this project is controlled by the EIR process and right-of-way acquisitions which is the reason the project is not scheduled until 1982. Council Members asked questions regarding the proposed project. 450"2 Certificates of The Mayor presented Certificates of Commendation to local Commendation citizens, Manuel Mendoza and Louis Garcia. Fire Retardant A letter from the Board of Supervisors, County of Los Angeles, Roofs in re: to fire retardant roofs was noted. Council referred same to the Building Department for a recommendation on same. Co. Gen. Plan A letter from Santa Clara County t1anufacturing Group in re: to the County's Draft General Plan was noted. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the 0 City supports the document as an addendum to the County's General Plan and requests that same be used in consideration for industrial · · and residential planning the the future along with any other portion of the General Plan itself. United Way Drive Plan. Com. 12/4/80 P & R Com. Minutes 12/9/80 Faci 1 i ty Use & Service Fees City Code Secs. 16.18 & 18.6 Ord. #80-34 Pre-Diversion Program A report of the Gilroy City Employees' United Way Fund Drive was noted. ~ The following informational items were noted with no separate discussion on same: League of California Cities 15th Annual Employee Relations Institute; League of California Cities Employee Relations Service News- 1 etter; Downtown Merchants supportinq the AMD plant; Information re: Uvas Creek Flood Control Project; and Clarification of the Monthly Report water data. The Report of the Planning Commission Meeting of December 4, 1980, was noted. J The Minutes of the Parks and Recreation Commission Meeting of December 9, 1980, were noted. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the fees for facility use and services pro- vided be approved as recommended. Councilman Taylor voted IInoll on the motion. A report from the Police Chief and recommendation re: the proposal to amend Sections 16.28 and 18.6 of the City Code reducing violations thereof to infractions was noted. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Emergency Ordinance No. 80-34 be waived and that it be adopted. ORDINANCE NO. 80-34 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 16.28 AND 18.6 OF THE GILROY CITY CODE SO AS TO REDUCE VIOLATIONS THEREOF TO IN- FRACT! ONS. PASSED AND ADOPTED this 15th day of December, 1980, by the following vote: [) AYES: COUNCIL ME~1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, .,. TAYLOR and GOODRICH ' NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented the Chief's Report on Pre- Diversion Program and reported that the County has continued same to their February 1981 meeting. n ....... r -....~ r, ....... Inspect.Serv. Agree.-Sewer Plant Handicap Ramp Proj. Calif.Housing Prog. Agree. Plan. Dept. Personnel '/StJ3 City Administrator Wood presented and explained a recommendation to renew an agreement for inspection services of the new domestic sewer plant with Consoe~ Townsend & Associates. Motion was made by Councilman Pate seconded by Councilman Link and carried that the agreement for inspection services with Consoer, Townsend & Associates be renewed as recommended. A request for a budget amendment for recently allocated funds for the Handicap Ramp Project 1980-10 in the amount of $39,500.00 was presented. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the 1980-81 Budget be amended in the amount of $39,500.00 for the Handicap Ramp Project as recommended. City Administrator Wood presented a report on an agreement for California Housing Program recommending approval of same. Motion was made by Councilman Link seconded by Councilman Pate and carried that the agreement for California Housing Program be approved as recommended. City Administrator Wood presented a request for a budget amendment to hire temporary help for the Planning Department. Motion was made by Councilman Link seconded by Councilman Pate and carried that the 1980-81 budget be amended in the amount of $7,700.00 to hire temporary help for the Planning Department as recommended. Police Personnel City Administrator Wood requested continuance of the report on re: Spec. costs for Police Personnel for special events. Events Res. #80-115 re: Assistant City Administrator Reinsch presented a proposed resolu- Prop. 4 tion establishing the 1980-81 Appropriation Limit as required by the Gann Initiative (Prop 4). Renami ng Roya 1 Dr. Res. No. 80-116 Commissioner & Committee Appointments Motion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 80-115 be waived and that it be adopted. RESOLUTION NO. 80-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING THE APPROPRIATION LIMIT FOR 1980-81 FISCAL YEAR. PASSED AND ADOPTED thi s 15th day of December, 1980, by the fo 11 owi ng vote: AYES: COUNCI L ~1Et1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Director of Public Works-City Engineer Hansen presented a recom- mendation to rename Royal Drive to Hyde Park Drive. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 80-116 be waived and that it be adopted. RESOLUTION NO. 80-116 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RENAMING ROYAL DRIVE TO HYDE PARK DRIVE. PASSED AND ADOPTED this 15th day of December, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor recommended the reappointment of Dixie Del Biaggio to the Library and Culture Commission for a four (4) year term expiring January 1, 1985, and Sam Bozzo to the Parks and Recreation Commission for a four (4) year term expiring January 1, 1985. ~ L/'5D'/ Motion was made by Councilman Pate seconded by Councilman Link and carried that Dixie Del Biagqio and Sam Bozzo, be reappointed to a four (4) year term on the Library and Culture Commission and the Parks and Recreation Commission, respectively, as recommended. The Mayor recommended the appointment of Donald F. Gage to the Personnel Commission for a four (4) year term expiring January 1, 1985. Motion was made by Councilman Cunningham seconded by Coun- cilman Link and carried that Donald F. Gage be appointed to a four (4) year term on the Personnel Commission as recommended. The Mayor recommended the appointment of Jess R. Paredes toO Ii"~ ',', , the Planning Commission for a four (4) year term expiring January 1, 1985. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that Jess R. Paredes be appointed to a four (4) year term on the Planning Commission as recommended. Coun- cilwoman Albert voted "no" on the motion. The Mayor appointed Bonnie Colbert to the Architectural and Site Control Advisory Committee for a one (1) year term expiring January 1, 1982, and reappointed Bob Voorhees to the Architectural and Site Control Advisory Committee for a one (1) year term expiring January 1, 1982. Discussion was had in regard to the method od Commissioner appointments. Pacheco Pass The Action Plan for the Pacheco Pass Highway, Route 152, was Hwy 152 noted. Mr. Ed Gould, Committee Chairman for the Pacheco Pass Project, addressed the Council noting the Committee's goal to have the entire 25 miles of Route 152 from Pacheco Pass summit completed, and explained the proposed campaign to begin December 22, 1980, 11:00 a.m. at Casa de Fruta. Motion was made by Councilman Cunningham seconded by Council- man Pate and carried that the City commends the Highway 152 Committee and supports them for their public awareness campaign. -, 1 f/tIffIIIII Councilman Taylor wished everyone a Merry Christmas and a Happy New Year. Director of Public Works-City Engineer Hansen gave a progress report on draining of the Bonfante reservoir. Adjournment At 9:46 p.m., the t1ayor adjourned the meeting. Respectfully submitted, ;6fUd~ C~k d1Y- i1 ...." $Sf