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Minutes 1981/01/05 Roll Call _flIIliI!"'."'~ I \ :1. I ... Certificates of Service Intro. New Employee Consent Calendar Mi nutes Ord. #81-1 re: Rezoning- Renz/Kirk Const. Co. ....... Claim-E. Nicho1udis Pub.Hear.re: L.Dup1issie Appeal-Alco- hol Still Sa 1 a ry Increases ",....,. I I ....... Bi ds re: Rosanna St./Library Parking Proj. 4505 January 5, 1981 Gilroy, California The Regular Council 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, Robert E. Taylor and Norman B. Goodrich. The Mayor presented Certificates of Service to Elaine Long, Archi- tectural and Site Control Advisory Committee member and Hiram C. Miller, retired Planning Commissioner. He noted the absence of retired Personnel Commissioner, Calvin Ashford, also eligible for same. The Mayor introduced new employee, Joe Dueras, Multi-Service Offi cer. 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 15, 1980; Adopted Ordinance No. 81-1 Rezoning approximately five (5) acres from R1 (Single-Family) District to R2 PUD (Two-Family) Planned Unit Development District located at East Sixth Street and Rogers Lane, Don Renz/E. Kirk Construction Co., applicants. ORDINANCE NO. 81-1 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A FIVE (5) ACRE PARCEL LOCATED AT EAST SIXTH STREET AND ROGERS LANE FROM R1 (SINGLE-FAMILY) DISTRICT TO R2 PUD (TWO-FAMILY) PLANNED UNIT DEVELOPMENT DISTRICT. PASSED AND ADOPTED this 5th day of January, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Denied an application for Leave to Present a Late Claim by E. Nicho1udis; Set January 19, 1981, as a hearing on an appeal of Mr. Leon Dup1issie on Staff's denial to allow erection and operation of an alcohol still at 184 E. Sixth Street in a C2 (General Commercial) District; and Approved Salary Achievement Increases for the following eight (8) City Employees, effective January 1, 1981: Alan C1uke, Andy Ojeda and Jose Rodriguez, Public Works Maintenance I, Range 26 from Step D, $1,262 to Step E, $1,325; Bill Lowery, Jr. Civil Engineer, Range 35a from Step B, $1,794 to Step C, $1,884; Gayle Glines, Recreation Supervisor I, Range 29 from Step D, $1,467 to Step E, $1,534; Phy1is Reese, Clerk Typist I, Range 22,5 from Step A, $919 to Step B, $966; Dave Marrazzo, Police Officer, Range P32.5 from Step D, $1,788 to Step E, $1,878; and E1ia Salinas, Police Cadet, Range P21 from Step B, $5.43/hr. to Step C, $5.70/hr. Heard a report on bids received for the Rosanna Street Parking and Library Parking Project and further explained by tirector of Public Works- City Engineer Hansen. Discussion was had by Council. Motion was made by Councilwoman Hughan seconded by Councilman Pate that Alternates A, B & E be awarded Granite Construction Co. in the amount of $57,578.90 and that Schedules C & D be re-advertised as recommended in Option No.1 by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan and Pate. Noes: Council Members: Link, Taylor and Goodrich. 4506 Weed Abate. Program Res. #81-1 Hearing re: Card Room License- M. Casti 11 0 Aloha Club Pub. Hear. re: Geo.Nolte & Assoc. The Mayor stated that it was the time and place scheduled for a Public Hearing on proposed destruction and removal of weeds. The Mayor asked if there was anyone in the audience wishing to speak on the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the Public Hearing be closed. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 81-1 be waived and that it be adopted, ordering the Fire Chief to abate the nuisance and destroy weeds. o RESOLUTION NO. 81-1 RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF. PASSED AND ADOPTED this 5th day of January, 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, TAYLOR AND GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE HUGHAN, LINK, PATE, The Mayor stated that it was the time and place scheduled for a hearing on an appeal of Mauro Castillo re: decision recommending denial of a Card Room license at the Aloha Club, 7287 Monterey Street, Gi 1 roy. Police Chief Cowart presented and explained the Staff Report regarding said application. The Mayor asked if there was anyone 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 that the haring be closed and the application for a card room license at the Aloha Club, 7287 Monterey Street, Gilroy, of Mauro Castillo be denied. Motion carried. IIItItIIf/ The Mayor stated that it was the time and place scheduled for simultaneous public hearings on the EIR, prezoning and Tentative Map requests of George Nolte & Associates, applicant, on 138 acres located on the east side of South Valley Freeway between Pacheco Pass Highway and Luchessa Avenue to M2 (General Industrial) and HC (Highway Com- mercial) Districts. Planning Director Dorn presented and explained the Staff Report and noted the Planning Commission Minutes of their December 4, 1980, meeting regarding same. He further noted responses to comments on the E.!. R. The Mayor asked if there was anyone present in the audience wishing to speak on the proposals. Mr. Morey Abraham, representing George Nolte & Associates and the three (3) property owners involved in this application, addressed the Council further explaining the request. The Mayor asked if there was anyone further in the audience wishing to speak. There was no comment from anyone in the audience. ~10tion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the Public Hearing on the EIR be closed. Planning Director Dorn noted that a representative from Earth Metrics was present in the audience and available for comment on the proposal. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the public hearing on the EIR be reopened. o ,..-..., .1 j I ~ .-.-,,, I -- Pub. Hear. re: Joel Smolen Project I/f/IiI""\ ; I I I -- 4507 Discussion was had in regard to the scenic set-back on Page 42 of the EIR. Planning Director Dorn noted that the City controls same. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing on the EIR be closed. Discussion was had by Council in regard to the EIR. Motion was made by Councilman Pate seconded by Councilman Link and carried that the EIR be certified with mitigation measures required both of Staff and as amended by the Planning Commission, and that any of those items not mitigated be overridden based upon the fact that the project will create a balance of jobs and housing in the community and that mitigating measures No. 10 and 11 read "will" instead of IIshou1dll and that at the end of No. 11, lIand public transitll be added to same. The Mayor opened the Public Hearing on the prezoning request of George Nolte & Associates. He asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Link and carried that the public hearing be closed. r'10tion was made by Councilman Link seconded by Councilman Pate and carried that a proposed ordinance prezoning said property be introduced, the reading waived, and that it be published by title and summary granting said prezoning. Councilwoman Albert voted IInoll on the motion. The Mayor opened the Public Hearing on the Tentative Map of George Nolte & Associates and asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Councilwoman Hughan inquired of the street widths, radius and landscaping. Mr. Morey Abraham clarified the proposed street widths and landscaping proposed for the project. Director of Public Works-City Engineer Hansen noted that sidewalks are not required for the proposed project. Discussion was had regarding the street widths within the proposed project. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and not carried that the Public Hearing be closed. Further discussion was had in regard to the Tentative Map and additional width desired of Brem Lane. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the Public Hearing on the Tentative Map proposal of George Nolte and Associates be continued to the January 19, 1981, Council Meeting and that the Tentative Map be referred to Staff and the developers with the suggestion that they re-study the items discussed by the Council in an effort to come to some concensus between Staff and developer of what they would jointly recommend as to bike lanes, street widths, improvement to Brem Lane and other comments made by Council this evening. The Mayor stated that it was the time and place scheduled for simultaneous Public Hearings on the EIR, Specific Plan, Zone Change from HC (Highway Commercial) and IZ (Interim Zone) to HC PUD (Highway Commercial) Planned Unit Development and M2 (General Industrial) Districts and Tenta- tive r1ap for Industrial and Commercial Subdivision of twenty-four (24) lots on approximately 171 acres located on the east side of South Valley Freeway between Leavesley and Gilman Roads, Joel Smolen, applicant. Planning Director Dorn presented and explained the Staff Report and noted the Planning Commission minutes of their December 4, 1980, meeting. Discussion was had in regard to adoption of a Specific Plan for the proposed project. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. 4508 Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing on the EIR be closed. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the EIR for the Joel Smolen project be approved and certified subject to including Staff recommendations for mitigating measures No.1 through 11 and No. 12 mitigating measure recommended by the Planning Commission that if any archaeolo- gical artifacts are discovered during construction, all construction ~ within thirty-five (35) feet of the find shall cease until the !..J extent and significance of the find can be determined by an archaeolo- gist. Councilwoman Albert voted IInoll on the motion. The Mayor opened the Public Hearing on the Specific Plan of Joel Smolen, applicant. He asked if there was anyone in the audience wishing to speak on the matter. Mr. Joel Smolen, applicant, addressed the Council and spoke to the Specific Plan designed to attract high technological firms to the South County area. Mr. Paul Reimer addressed the Council and answered questions in regard to the Specific Plan. t10tion was made by Councilman Pate seconded by Councilman Link and carried that the Specific Plan of Joel Smolen be approved as recommended by Staff and the Planning Commission. The Mayor opened the Public Hearing on the rezoning request of Joel Smolen, applicant. He asked if there was anyone in the audience wishing to speak on the proposal. There was no comment .~ from anyone in the audience. t10ti on was made by Council man Pate seconded by Council man Link and carried that the Public Hearing be closed. ........ Discussion was had by Council on the rezoning matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary grant- ing the rezoning requested. Councilwoman Albert voted IInoll on the motion. The Mayor opened the Public Hearing on the Tentative Map of Joel Smolen. He asked if there was anyone 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 that the Public Hearing be closed. The City Attorney noted that if Council has any questions in regard to the Tentative Map that same should be discussed prior to closing the hearing. Discussion was had by Council. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing on the Tentative Map of Joel Smolen be closed. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the Tentative Map of Joel Smolen as submitted be approved with the twenty-four (24) conditions as recommended by Staff and inclusion of the Planning Commission recommendations, speci- fically, conditions re: #14, 15, 19 and 21, and Item #25 to remove the meandering creek or drainage ditch. -- I I I I ...... Recess Pub.Hear. re: Mai-fl.a Invest- ments :J(~j'f"'lAJ (I i ...... ."" 1 -- Pub.Hear. re: Prezoning- Fil ice Est. Vyds re: AMD Proj. ...... i I I I. ...... Nob Hill re: Urb.Serv. Area Request 4509 At 10:15 p.m., the Mayor declared a five minute recess. At 10:28 p.m., the Mayor reconvened the meeting. The Mayor stated that it was the time and place scheduled for simultaneous Public Hearings on Rezoning and Tentative Map requests of Jamina Investments, applicant, on sixteen (16) lots located at 8660 and 8670 Murray Avenue, on the east side of Murray Avenue between Gavi1an Court and Burke Drive (3.14 acres) from R1 (Single-Family) District to R1 PUD (Single-Family) Planned Unit Development District. Planning Director Dorn presented and explained the Staff Report and noted the Planning Commission minutes of their December 4, 1980, meeting. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mrs. Jean Blake, resident on Murray Avenue, addressed the Council noting a problem of that portion of the street in the County not being maintained by the County and the turn lane at Leaves1ey Road not being striped. Director of Public Works-City Engineer Hansen noted that he would contact the County in regard to maintenance of the County's portion of Murray Avenue and the turn lane at Leaves1ey Road can be restriped. Mr. Mike Castle, representing Jamina Investments, addressed the Council and noted that they agree with the conditions imposed by Staff and Item No. 13 as amended by the Planning Director. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the Public Hearing on the re'zoning request of Jamina Investments be closed. Motion was made by Councilman Link seconded by Councilman Taylor and carreid that a proposed ordinance rezoning said property be introduced, the reading waived and that it be published by title and summary. The Mayor opened the Public Hearing on the Tentative Map request of Jamina Investments. He asked if there was anyone in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Tentative Map of Jamina Investments be approved subject to Staff recommendations No. 1 through 13 including the Planning Commission amendment to No.3, as recommended. A request to set a Public Hearing on the prezoning of the Filice Estates property for Advanced Micro Devices Project was noted. Motion was made by Councilman Link seconded by Councilman Taylor and carried that January 19, 1981, be set as a Public Hearing date on the prezoning request of Advanced Micro Devices Project. It was noted by Staff that in the event the Planning Commission has not completed their Public Hearing on the matter, Council could continue their January 19, 1981, scheduled Public Hearing on same. A letter from Nob Hill General Store, Inc., was noted requesting inclusion of a land parcel in the Urban Service Area. Councilwoman Hughan de'c1ared her$:eH absent due to an interest in same. Discussion was had on the matter. Planning Director Dorn noted that he did not have a report on said request. He further noted that Urban Service Area requests are norma~ly reviewed one time per year, however, the City could request LAFCO to lnc1ude parcels in the Urban Service Area and not follow the regular procedure. 4510 Keith Orndoff Proj ect Jt. Counci 1 Meeting re: Gilroy/Mor- gan Hi 11 Plan. Com. Report 12/18/80 Adult Book Store & En- tertainment Regulations Council referred the matter to Planning Director Dorn to reply to the request and note problems of requesting Urban Service Area inclusions at times other than the one time a year policy pro- cedure. A request of Mr. Keith Orndoff for an extension of A/S File No. 79-61 Project was noted. Planning Director Dorn explained same and noted that the adjacent owners had refused to dedicate the alley which is required for the project approval. r1 ....J Motion was made by Councilwoman Hughan to grant a nine (9) months final extension to Mr. Keith Orndoff. Motion died for lack of a second. Motion was made by Councilman Taylor seconded by Council- woman Albert and carried that the reauest of Mr. Keith Orndoff for an extension of A/S File #79-61 Project be denied. The Mayor noted a request of the Ci""t.y of ~10rgan Hi 11 for a Joint Council Meeting. The Mayor suggested January 12, 1981, or January 26 and noted that he would contact Morgan Hill for the pre- ferred date. Councilwoman Albert noted that she preferred the January 26, 1981, date. The following informational items were noted with no separate discussion on same: Inter-City Council Meeting, January 8, 1981; League of California Cities Board of Directors' Meeting, January 22, 1981; Clean Water Grant Program Repealing Industrial Payments; .~ Medfly Eradication Project; and Status Report on L1agas Creek Watershed Project. ........ The Report of the Planning Commission Meeting of December 18, 1980, was noted. A letter from Dr. J. Thurmond George was noted requesting adoption of an ordinance restricting the location for operation of adult book stores and related entertainment activities. Dr. Thurmond George addressed the Council and further explained his request. Discussion was had by Council on the matter. Planning Director Dorn recommended that a moratorium on opera- tion of adult book stores, etc. be established if Council directs Staff to prepare an ordinance regarding same. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that Staff prepare an ordinance on the matter and that a moratorium be established on operation of adult book stores and related entertainment activities until an ordinance is in effect. :1 ) ......, 1981 Priorities- The Planning Department Priorities submitted for 1981 were Plan. Dept. noted. Motion was made by Councilwoman Hughan seconded by Council- man Taylor and carried that the 1981 Planning Department Priorities be approved as amended by the Planning Commission. Personnel Commission 12/17/80 The Report of the Personnel Commission Meeting of December 17, 1980, was noted and further explained by Personnel Director Booth. ....,. r \ ~ JIIIIii""'-"- I i I I ...J ",.,.,.., I I I I ~ C1 ass ifi cation HCD Admin. Aide to Rehab. Aide 4511 of The recommendation to reclassify the position of Housing and Community Administrative Aide of the Planning Department to a new position of Housing and Community Development Rehabilitation Program Aide was noted and discussed. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the position of Housing and Community Development Adminis- trative Aide of the Planning Department be reclassified to a new position of Housing and Community Development Rehabilitation Program Aide be approved at the recommended range and effective dates and adjustments. Fire Engineer The recommendation on a grievance to re-establish Fire Engineer C1assif. classification was noted. Discussion was had on the matter. Lib. & Cu1 t. Meeting 12/2/80 Monthly Reports Messrs. Art Amaro, Harold Ritter, and William Alexander, respectively, addressed the Council and further explained the request to re-establish the Fire Engineer classification. The City Attorney explained the grievance regarding this matter. Motion was made by Councilman Pate seconded by Councilwoman Albert that the Personnel Commission be directed to re-establish the classifica- tion of Fire Engineer and Fire Fighter and that Staff be directed to include in the 1981-82 Budget (at budget time) six (6) Fire Engineers and that they be established on a competitive basis, noting that the economics of same be also studied. Approved by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Pate and Taylor. Noes: Council Members: Cunningham, Link and Goodrich. Com. The Minutes of the Library and Culture Commission Meeting of December 2, 1980, were noted. The Summary of Monthly Reports of November 1980 was noted and discussion was had in regard to the amount of the increase in water pumped in November 1979 vs. November 1980. Disbursements The Report of Disbursements from December 1, 1980 through December 31, 1980 was noted. Ca1if.Park1ands A report on proposed distribution of California Park1ands Act of Funds - 1980 Funds was noted. Motion was made by Councilman Pate seconded by Res. #81-2 Councilman Link that the reading of Resolution No. 81-2 be waived and that it be adopted approving the priority plan for expenditure of alloca- tion of said funds. State Bail-Out Funds Hughes Mede Tranz app1ic. re:Non-Emer- gency Servi ces RESOLUTION NO. 81-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FOR PARK, BEACH, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES (CALIFORNIA PARKLANDS ACT OF 1980). PASSED AND ADOPTED this 5th day of January, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR, and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A report on refund of State Bail-Out Funds was noted. A Report on Hughes Mede Tranz application for a license to operate a non-emergency service was presented and discussed. Mr. Tom Hughes, owner, addressed the Council and inquired if the City had an ordinance prohibiting this type of service. The City Attorney reported that he was not aware of any such ordinance. Council tabled action on same to allow the City Attorney to check the City Code regarding same. 4512 Sewer Revenue Bonds-Ind. Wastewater Control Proj. City Administrator Protempore Reinsch presented a report on agreement to sell Sewer Revenue Bonds for the Industrial Wastewater Odor Control Project. Motion was made by Councilman Pate seconded by Councilman Link and carried that the agreements as presented be approved and that the Mayor be authorized to execute same on behalf of the City. Non-Emergency Service The City Attorney reported that the City Code includes a chapter on ambulances and that the Hughes Mede Tranz application is not an amub1ance application and that the provisions do not apply to non-emergency services. r, '...J Motion was made by Councilman Pate seconded by Councilman Link and carried that the application of Hughes Mede Tranz for a non- emergency service be approved for the issuance of a business license and the fees and other information as submitted. The Mayor requested the City Attorney to further investigate the matter in the event there is additional information needed regard- ing this application. The City Attorney noted that Hughes Mede Tranz could proceed unless further contacted by the City. Wastewater Treat.P1ant Director of Public Works-City Engineer Hansen presented and explained a Report on the status of the Wastewater Treatment Plant. He reported that it is anticipated that the new sewer plant will be in operation between 4:00 a.m. and 7:00 a.m. on January 6, 1981. Councilman Link, Chairman of the Sewer Advisory Committee, noted that the Council Sewer Advisory Committee has recommended approval of a change order to provide the automatic controls for the new sewer plant in the amount of approximately $100,000 subject to the Morgan Hill City Council's approval. ~ I ...... Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the recommendation of the Sewer Advisory Committee be approved for a change order to provide the automatic controls for the new sewer plant in the amount of approximately $100,000 subject to the Morgan Hill City Council IS approval of same. Councilman Link noted that the Council Sewer Advisory Committee has recommended approval for Staff to be authorized to rpoceed with recruitment procedures for hiring additional personnel at the new sewer plant. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the Staff be authorized to proceed with the recruitment procedures for hiring additional personnel at the new sewer plant; number of same to be determined later, subject to con- currence with the City of Morgan Hill. Well No. 5 Director of Public Works-City Engineer Hansen presented and explained a report on Well No.5. S.P.Lease Agree. City Administrator Protempore Reinsch presented a supplement Lease Agreement with the Southern Pacific Land Company for parking and beautification for an increase in leased area and rental to $1,056 per annum. ~ , I I -...J Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the Supplement Lease Agreement with the Southern Pacific Land Company for parking and beautification for increase leased area and rental be approved as submitted. Adjournment At 12:11 a.m., Tuesday, January 6, 1981, the Mayor adjourned the meeting. ~~~e~r''k:~