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Minutes 1981/04/20 Roll Call Consent Calendar Minutes Res. #81-39 re: Pub.Hear.-Mur- ray Ave. Imp. Di st. 75-5 Amend. Ass1mt No. 7A Ord. #81-12 re: Prezoni ng-Fil- bro Dev. Co. 4557 April 20, 1981 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 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. Motion was made by Councilman Link seconded by Councilman Cunning- ham that the following items under the Consent Calendar be adopted by the fo110w~ng Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich: Approved the Minutes of the Regular Council Meeting of April 6, 1981; Adopted Resolution No. 81-39 setting a Public Hearing date of May 18, 1981, on proposed Amended Assessment, Murrayi ~enue Improvement District 1975-5; Assessment No. 7A. RESOLUTION NO. 81-39 A RESOLUTION DIRECTING MAKING OF AMENDED ASSESSMENT RE: CERTAIN ASSESS- MENTS UNDER RESOLUTION NO. 75-51 OF PRELIMINARY DETERMINATION AND OF INTENTION - MURRAY AVENUE IMPROVEMENT DISTRICT 1975-5 - ASSESSMENT NO.7-A. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Adopted Ordinance No. 81-12 prezoning to C2 (General Commercial) PUD and M2 (General Industrial Districts approximately 9.79 acres located at the southeast corner of Tenth and Alexander Streets, Fi1bro Development Co., applicant; ORDINANCE NO. 81-12 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 8.4 ACRE PARCEL AS C2 PUD (GENERAL COMMERCIAL) PLANNED UNIT DEVELOPMENT DISTRICT AND 1.4 ACRES AS~M2 (GENERAL INDUSTRIAL) DISTRICT ADJOINING THE CITY OF GILROY AT THE SOUTHEAST CORNER OF TENTH AND ALEXANDER STREETS. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4558 Ord. #81-13 re: Prezoning - Uyeno/Steid1ey Ord. #81-14 re: Amending RDO Adopted Ordinance No. 81-13 prezoning to C2 PUD (General Commercial) Planned Unit Development District on approximately 1.75 acres located at the southwest corner of Tenth and Chestnut Streets, Roy Uyeno/Elizabeth Steid1ey, applicants. ORDINANCE NO. 81-13 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 1.75 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE SOUTHWEST CORNER OF TENTH AND CHESTNUT STREETS AS C2 (GENERAL COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; ........ Adopted Ordinance No. 81-14 amending Sections 1, 2, 5 and 9 of the Residential Development Ordinance establishing an annual minimum number of dwelling units which may be issued building permits. ORDINANCE NO. 81-14 ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 1, 2, 5 and 9 OF ORDINANCE NO. 79-28, THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 20th day of April, 1981, by the following vo te : AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH NONE NONE; LINK, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Miller Meadows Approved a Development Agreement for Tract 7078, Miller Tr. #7078 Meadows. (Note: subsequently rescinded this action requesting revised agreement.) Cont'd Pub. Hear. re: Ind. Growth Manage. Plan Pub. Hear. re: J. Scherrer Rezoning iIW"''''''' ....... The Mayor stated that it was the time and place scheduled for the continued public hearing on the Industrial Growth Manage- ment Plan and Ordinance. Planning Director Dorn requested that the matter be continued for additional study. Discussion was had on the matter. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Continued Public Hearing on the Industrial Growth Management Plan and Ordinance be continued for approximately 60 days (June 15, 1981 Regular Council Meeting), as recommended by Staff to allow additional time to discuss same with the Industrial Committee of the Chamber of Commerce and interested parties. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of John Scherrer on approxi- mately .79 acres located at the southwest corner of Leaves1ey Road and Swanston Lane from M2 (General Industrial) to eM (Commercia1/ Industrial) District. r^"'f!t Planning Director Dorn presented and explained the Staff Report. : - The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Tim Filice, representing the applicant, addressed the Council and noted that the total acreage to be 1.553 acres and fur- ther noted that the applicant concurs completely with the Planning Director's report and mitigation measures. 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. Pub. Hear. re: Tent. Map- D.W. Salter p,.,'-t, ..... - Pub. Hear. re: Rezoning & Tent. Map - 1. Berry ...... .....! -- 4559 Motion was made by Councilman Cunningham seconded by Councilman Link that the reading of a proposed ordinance be waived and published by title and summary rezoning the subject property, and subject to the Planning Commission and Staff recommendations and stipulations presented. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Tentative Map request for a Residential Subdivision for condominiums of eighteen (18) lots on approximately .88 acres located on the east side of Delta Drive, approximately 160 feet south of We1burn Avenue, Daniel W. Salter, applicant. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Daniel W. Salter, applicant, addressed the Council noting that the engineer for the project to be W. J. Hanna & Son. The Mayor asked if there was anyone furth~r' 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. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the Tentative Map for said property be approved as presented. The Mayor stated that it was the time and place scheduled for simultaneous Public Hearings on a rezoning request from C1 (Neighborhood Commercial) to HC (Highway Commercial) on 7.5 acres; from C1 to M2 (General Industrial) on 1.0 acres; and from M2 to HC on 1.6 acres (10.1 acres total) and Tentative Map request for an Industrial and Commercial subdivision of four (4) lots (38.7 acres total) located on the south side of Highway 152 at Brem Lane, Trevis Berry, applicant. Planning Director Dorn presented and explained the Staff Report. A letter from the State Office of Planning and Research was noted recommending that an Air Quality Study be made for said project. The Mayor asked if there was anyone in the audience wishing to speak on the matter. , Mr. Morey Abraham, George Nolte & Associates; representing the applicant, addressed the Council in regard to a revision of Condition No.8 regarding signalization required by the applicant. 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 Cunningham seconded by Councilman Link and carried that the Public Hearings be closed. Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the Staff Report be amended to show Condition No. 8 as recommended by the Planning Commission, carried by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Pate anrl Goodrich. Noes: Council Members: Cunningham, Link and Taylor. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that an additional mitigation measure be added that prior to development, Air Quality information from the EIRls of adjacent properties be included under the mitigation measures. 4560 Sister City re: Garlic Festival Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the application be approved subject to the eighteen (18) conditions of the Staff Report, the 19th condition as just amended re: Air Quality information, and Condition No.8 regarding signalization be approved as voted upon by the previous Roll Call Vote; same action approving the Tentative Map. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the reading of the proposed ordinance be waived and that it be published by title and summary rezoning said property as presented. --- , , Parks and Recreation Director Ayer requested approval to proceed with estab1ishin0 relations with the City of Montice11i dl Ongina, Italy, to establish a Sister City relationship to exchange ideas and information in regard to the Garlic Festival. Council had no objection. ..... Spec. Olympics Mrs. Gayle Glines, Recreation Supervisor, addressed the Coun- , ci1 in regard to the Special Olympics and participants presented hats to each Counci1person, inviting them to said event on May 2, 1981. Res. #81-40 re: Great Calif. Resource Ra 11 y 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. City Administrator Wood presented a resolution endorsing the Great California Resource Rally requested by Councilwoman Pat Russell, State Solid Waste Management Board Member, City of Los Angeles. Motion was made by Councilwoman Hughan seconded by Council- woman Albert that the reading of Resolution No. 81-40 endorsing the IIGreat Ca1 ifornia Resource Rallyll sponsored by the State Sol id Waste Management Board be adopted as requested. ... ......... RESOLUTION NO. 81-40 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ENDORSING THE GREAT CALIFORNIA RESOURCE RALLY. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE Bicycle Race- A request from the Gilroy Garlic Festival Committee was noted Garlic Fest. for street closure for a bicycle race August 2, 1981. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the request for street closure for a bicycle race August 2, 1981, be approved as requested. Catholic Social A letter from the Catholic Social Services of Santa Clara Services County was presented requesting funds for "Long Term Care Ombudsmen". City Administrator Wood recommended that same be referred to the .... Council Budget Study Sessions. Gil roy Hi gh Students re: Carnival Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the request of the Catholic Social Services be referred to the Budget Study Sessions as recommended. -- A letter from the Gilroy High Student Body was presented requesting waiver of a Carnival License for April 23-26, 1981. Mr. Mike Nebesnick, President of said student Body, addressed the Council further explaining the request. GPOA Circus -~'" ___ IFDES Parade Res. #81-41 ,."..,. Kirk Const. re: 6th St. Bridge & School Impact Fees ...... Miller Meadows Tr. #7078 /IIIl"'OI , -- Rev. Sharing LAFCO re: San Martin 4561 Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the request for waiver'of said carnival license be denied but approval be given for permission to sponsor said carnival subject to the required permits and fees. A letter from the Gilroy Police Officers' Association, Inc. was noted requesting permission to sponsor a Circus. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the request of the Gilroy Police Officers' Associa- tion, Inc. to sponsor a circus be approved. A letter from the IFDES Portugese Society was noted requesting permission to conduct their annual parade May 24, 1981. Motion was made by Councilman Pate seconded by Cound1man Link that the reading of Resolution No. 81-41 be waived and that it be adopted approving a Parade Permit May 24, 1981, requested by the IFDES as submitted. RESOLUTION NO. 81-41 RESOLUTION OF THE CITY COUNCIL REQUESTING APPROVAL OF THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS TO PERMIT A PARADE WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 20th day of April, 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 letter from Ed Kirk Construction Company was noted requesting c1ari fi cation of School Impace Fees and request for reimbursement for expense and installation of a bridge across Miller Slough at Gilman Road. Mr. Ed Kirk addressed the Council and further explained the request. Discussion was had by Council on the matter. Director of Public Works-City Engineer Hansen further explained the Development Agreement for Mr. Kirk's project. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the bridge be considered a traffic measure; confirm that the School Impact Fees to be applied to this application would be those fees in effect at the time the building permit is obtained for said project; and that the Development Agreement for said project be revised and presented to Council for approval; and that the cost spread be pre- pared by Staff fora reimburseab1e agreement to the applicant from those property owners benefitting from the traffic circulation element of the bridge, and that same be finally approved by Council when completed. Motion was made by Councilman Pate seconded by Councilman Link and carried that Council prior action approving the Development Agreement of Tract #7078, Miller Meadows, be rescinded and that same be considered when revised as recommended. The fOllowing informational items were noted with no separate discussion on all items except No.1 (re: San Martin Sphere of Influence). Public Hearing, 2:00 p.m., Council Chambers, Thursday, April 16, 1981, re: proposed use of Revenue Sharing Funds for 1981-82; Noted a letter from the Local Agency Formation Commission re: Sphere of Influence for Unincorporated Community of San Martin. Council- man Taylor noted that the County's San Martin Planning Committee will meet on April 23, 1981, and requested assistance and any suggestions Council may have in regard to the matter. He further ntoed that LAFCO continued the matter to their May 6, 1981, meeting and that City Adminis- trator Wood would represent the City at said meeting in his absence. 4562 League Bulletin League of California Cities Legislative Bulletin, dated April 10, 1981, and report on Road Maintenance Costs dated April 9, 1981; South Santa Clara County Housing Development Corporationls Quarterly Reports; and Census P1 an. Com. Report 4/16/81 Pub. Hear. re: OPL's for Uvas Pk. Dr. Report on the 1980 Census. The Report of the Planning Commission Meeting of April 16, 1981, was noted and further explained by the Planning Director. Discussion was had in regard to A/S 81-8 for 16 single family detached and attached units, at 8660 and 8670 Murray Avenue, between Burke Drive and Gavi1an Court. -- , I ..... Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that action on same be continued to the May 4, 1981, regular Council Meeting to allow Staff and applicant addi- tional time to work out problems with design in conflict with the RDO approval. Mr. Mike Castle, applicant, addressed the Council requesting Council to approve the design changes requested. Mr. Louis Pena, Architect, addressed the Council further explaining the plans for the project. Council requested that the applicant meet with Staff prior to their action on same. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that a Public Hearing date of May 4, 1981, be set on proposed adoption of Official Plan Lines for Uvas Park Drive on property located on the north side of Uvas Creek between Laurel Drive and Santa Teresa Boulevard. Hillside Zones Discussion was had in regard to the Planning Commission's recommendation that Council adopt a moratorium on lot splits in the hillside designated area of the General Plan which do not conform to the Hillside Zone densities. ~ - Motion was made by Councilman Pate seconded by Councilman Link and carried that the Director of Public Works-City Engineer and the Planning Director be directed to refer lot splits to the Planning Commission that they consider might be a problem in the hillside area and that the Planning Commission use their discretion in deter- mining whether this is appropriate within the concepts of the Hill- side Ordinance. The City Attorney noted that said Council action would require any lots with a 10%+ slope to be reviewed. Cap. Imp. Program Council set Wednesday, April 29, 1981, at 7:30 p.m., as a Council Study Session on the 1981-1986 Capital Improvements Program. Personnel Com. Repo rt 4/13/81 Community Services Motion was made by Councilman Pate seconded by Councilman Link Specialist and carried that the classification of Community Services Specialist position be approved as presented noting that implementation of same would be decided at the Budget Study Sessions if funding was avail- ~ able for same. Councilman Cunningham voted "no" on the motion. I The Report of the Personnel Commission Meeting of April 13, 1981, was noted and further explained by City Administrator Wood. - PERS Contract City Administrator Wood explained the recommendation to amend Amendment the PERS Contract. Res. #81-42 Motion was made by Councilman Link seconded by Councilman Cun- ningham that the reading of Resolution No. 81-42 be waived and that it be adopted of intention to approve said amendment. ......, -- I n t ro . 0 rd . re: PERS Contract Amendment 4,563 RESOLUTION NO. 81-42 RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF GI LROY. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood announced the future annual PERS costs to be $216,350.88 per year based upon the current payroll; savings would equal $77,316.00 annually at current payroll; rate to be 12.942%. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the reading of a proposed ordinance be waived amending the PERS contract as presented and that it be published by title and summary. Police Report re: A report from the Police Chief on Intoxicated Driver Arrests and Accidents & Accidents by Location and Frequency was noted and further explained by Arrests Police Chief Cowart. ........ Bids re: Church St. Resurfacing & Wren Ave. Sewer Imp. Projects -- Mr. Jose Chapa, addressed the Council and noted that he intends to discuss same further with the Police Chief and that the law is not being applied equally with Anglos and Mexican-American citizens; that unless the 70% Mexican-American figures are changed, he intends to seek State and/or Federal assistance through the Civil Rights Laws. City Administrator Wood presented a recommendation to advertise bids for the Church Street Resurfacing Project and the Wren Avenue Sewer Improvement Project. Motion was made by Councilman Pate seconded by Councilman Link and carried that the plans and specifications for the Church Street Resurfacing Project and the Wren Avenue Sewer Improvement Project be approved and the call for bids be advertised as recommended. Cap. Imp. Project It was noted that the Capital Improvement Program Study Session memo at this portion of the agenda had already been acted upon earlier. Electrical Wastewater Treat. Plant Work- Director of Public Works-City Engineer Hansen presented a recom- mendation to advertise bids for the electrical work required for automatic operation of the emergency generator at the Gilroy-Morgan Hill Wastewater Treatment Plant. Motion was made by Councilman Link seconded by Councilman Pate and carried that bids be advertised for the electrical work required for automatic operation of the emergency generator as recommended. Landscaping Change Director of Public Works-City Engineer Hansen presented a Order-Waste- recommendation for approval of a change order to cover landscaping water Treat. changes at the Wastewater Treatment Plant. Plant ...... .. Res. #81-43 re: ICBO Plumbing Code Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the change order for landscaping at the Wastewater Treatment Plant be approved as presented. Director of Public Works-City Engineer Hansen presented a recom- mendation for Council support of the ICBO Plumbing Code and Assembly Bill No. 591. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 81-43 be waived and that it be adopted supporting the ICBO Plumbing Code and Assembly Bill No. 591 as recommended. 4564 RESOLUTION NO. 81-43 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY SUPPORTING THE ICBO PLUMBING CODE AND ASSEMBLY BILL 591 OF 1981. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH NONE NONE LINK, PATE, Res. #81-44 re: Director of Public Works-City Engineer Hansen presented a SB 215 recommendation for Council support of SB 215 for increased revenues to cities for streets and roads maintenance. Bonfante Reservoir LAFCO GPOA re: Legislation ~ I : .-..J Motion was made by Councilman Cunningham seconded by Council- man Taylor that the reading of Resolution No. 81-44 be waived and that it be adopted endorsing SB 215 for increased revenues to cities for streets and roads maintenance as recommended. RESOLUTION NO. 81-44 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ENDORSING SB 215 FOR INCREASED REVENUES TO CITIES FOR STREETS AND ROADS MAINTENANCE. PASSED AND ADOPTED this 20th day of April, 1981, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE LINK, PATE, Director of Public Works-City Engineer Hansen' reported on the proposed Bonfante Reservoir Agreement noting that the draft is in process, but not completed. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Bonfante Reservoir Agreement be approved in concept; same to be presented to Council in final form. ..... - Councilwoman Hughan objected to a letter from the City sup- porting a LAFCO incumbent noting that Council took no official action on same. The Mayor presented a request from the Gilroy Police Officers' Association urging Council endorsement of specific legislative bills. Council requested that same be agendized, allowing Council to study same. Gilroy Foundation The Mayor appointed Councilwoman Albert as Council representa- tive to the Gilroy Foundation Committee. Jt. Counci1/ School Study Meeting 566 Project Temp. Street Barrier City Administrator Wood noted that the location of the Joint Council/School District Study Meeting of April 27, 1981, has been changed to the South Valley Library. City Administrator Wood noted the Public Meeting of the 566 Flood Control Project of May 2, 1981, at 8:30 a.m. to 2:30 p.m. at the Brownell School Auditorium. It was noted that copies of the Agenda for same would be forwarded to any Council Member planning to attend. It was further noted that same would conflict with the Special Olympics event on May 2, 1981. City Administrator Wood presented a request for installation of a temporary barrier on Catherine Court, off of Princeva11e Street near the Princeva11e Storm Drain to accommodate parking for those viewing the model homes. I~ , , ...... Motion was made by Counci1maa Pate seconded by Councilman Cun- ningham and carried that the temporary barrier requested be approved and allowed until the model homes are sold. " 4565 Adjournment At 11:05 p.m., the Mayor a~journed the meeting. Respectfully submitted, c6J~~ ?~ ./ Ci ty C1 erk