Minutes 1981/07/20
Roll Call
Intro. New
Employee
Consent
Calendar
Minutes
4599
July 20, 1981
Gil roy, Cal i forni a
The Regular 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: Brian D. Cunningham, Marion T. Link,
John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Coun-
cil Members: Sharon Albert and Roberta H. Hughan.
The Mayor noted that new employee Glenn R. Hilpert, Police
Officer, would not be present for introduction.
Motion was made by Councilman Link seconded by Councilman
Cunningham that the following items under the Consent Calendar be
adopted by the following Roll Call Vote: Ayes: Council Members:
Cunningham, Link, Pate, Taylor and Goodrich. Absent: Council Members:
Albert and Hughan.
Approved the Minutes of the Regular Council Meeting of July 6,
1981 ;
Approved the Minutes of the Adjourned Regular Council Meeting
of July 9, 1981;
Ord. #81-22 re: Adopted Ordinance No. 81-22 establishing Storm Drain Areas of
Storm Drains Benefit.
Dev.Agree. re:
S.C. Co.
Hous. Auth.
Cl aim-T. Perez
Budget Amend-
ments
Pub. Hear. re:
Prezoning-
A.Montano
ORDINANCE NO. 81-22
ORDINANCE OF THE CITY OF GILROY ESTABLISHING STORM DRAINAGE AREAS OF
BENEFIT .
PASSED AND ADOPTED this 20th day of July, 1981, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: ALBERT and HUGHAN;
Approved a Development Agreement with the Housing Authority of
Santa Clara County;
Denied a Personal Injury Claim of Ms. T. Perez;
Approved a request for 1981-82 Expenditure Budget Amendments.
The Mayor stated that it was the time and place scheduled for a
Public Hearing on a prezoning request of Mr. Al Montano on approximately
15.17 acres to M2 (General Industrial) District located at the southeast
corner of Las Animas and Murray Avenues.
4600'
Intro. Ord.
Pub. Hear. re:
Rezoning-
F. Haro
Intro. Ord.
Pub.Hear. re:
Tent. Map-
Filice Est.
Vyds., et a 1
Pub.Hear. re:
Tent. Map-
Arcadia Dev.
Co.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the proposed prezoning. There was
no comment from anyone in the audience.
Motion was made by Councilman Pate seconded by Councilman
Cunningham and carried that the Public Hearing be closed.
Discussion was had by Council on the matter.
Motion was made by Councilman Cunningham seconded by Council-
man Link and carried that a proposed ordinance be introduced and
published by title and summary granting the prezoning request of Mr.
Al Montano endorsing the Planning Commission's recommendations with
Section 40 of the Zoning Ordinance to apply to said application.
The City Attorney noted that he would have a resolution for
adoption at the time the ordinance is adopted imposing the industrial
park requirements for the subject property.
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The Mayor stated that it was the time and place scheduled for
a Public Hearing on a rezoning request of Fred Haro on approximately
0.32 acres from M2 (General Industrial) to R2 (Two-Family) District
at 8091 Forest Street, south of Leavesley Road.
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the proposed rezoning. There was no
comment from anyone in the audience.
Motion was made by Councill1anCunningham seconded by Councilman
Link 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 a proposed ordinance be introduced and published by
title and summary rezoning the subject property as presented.
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The Mayor stated that it was the time and place scheduled for
a Public Hearing on a Tentative Map request of Filice Estate Vineyards,
et al, on approximately 98 acres for a residential subdivision of 95
lots located between Hecker Pass and Mantelli Drive, west of Morey
Avenue.
Planning Director Dorn presented and explained the Staff
Report. He noted that the applicant agrees to recommended conditions
imposed.
The Mayor asked if there was anyone in the audience wiShing
to speak for or against the proposal. There was no commend 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 Taylor seconded by Councilman
Cunningham and carried that the Tentative Map as presented for Filice ~
Estate Vineyards, et al, be approved as presented.
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The Mayor stated that it was the time and place scheduled on
a Tentative Map request of Arcadia Development Company on aprpoximately
eight (8) acres for 124 Condominium Lots and one (1) Common Lot located
at the northwest corner of Tenth and Princevalle Streets in an R3
(Low-Density Multiple-Family) District.
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Sewage Treat.
Plant Change
o rde r
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Sewer Revenue
Study
4601
Planning Director Dorn presented and explained the Staff Report.
The Mayor asked if there was anyone present in the audience
wishing to speak for or against the proposal.
Mr. Joseph Trigueiro, representing Ruth & Going, Architects for
the project, addressed the Council, noting his presence to answer ques-
tions regarding the Tentative Map request.
The Mayor asked if there was anyone further in the audience
wishing to speak on the matter.
Mr. Ray Furtado, 716 Ninth Street, addressed the Council, repre-
senting the neighbors in the area, noting his concern about the fence
dividing their properties from the subject Tentative Map property, same
to be in poor condition.
It was noted by Staff that the City will require a fence which
is in good condition.
Mr. Furtado further inquired about the number of units allowed
and cost of proposed condominiums. Staff noted that the proposal is for
fifteen (15) units per acre and that under the present zoning, sixteen
(16) units would be allowed per acre, and that the price of the units
is not known at this time.
The Mayor asked if there was anyone further in the audience
wishing to speak on the proposed Tentative Map. 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 proposed Tentative Map.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the Tentative Map of Arcadia Development Company be
approved as presented.
The Mayor asked if there was anyone present in the audience wishing
to speak on any matter not on the agenda. There was no comment from
anyone in the audience.
Mr. James Boarer, Office Manager of Consoer, Townsend, addressed
the Council in regard to a Change Order for a Transfer Switch proposed
to be installed at the Sewage Treatment Plant and recommending installa-
tion of same, cost estimated at $163,574.00.
Discussion was had by Council on the matter.
City Administrator Wood recommended proceeding with the installa-
tion of the transfer switch and that Staff rationalize and negotiate
differences with Consoer, Townsend on this matter.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that Staff be authorized to proceed with the Change Order
for installation of the transfer switch recommended subject to concurrence
by the City of Morgan Hi ll. Councilman Cunningham voted uno" on the
motion.
Mr. James Boarer, Consoer Townsend, presented a Sewer Revenue
Study explaining same and recommending adoption of the new sewer rate
schedule.
City Administrator Wood recommended that said study be referred
to Staff for a recommendation in regard to the proposed rates.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the Sewer Revenue Study be referred to Staff for a
recommendation on the proposed new sewer rate schedule.
4602
J.Chapa re:
Police Dept.
Taxicab Business
~lachado/Brad-
shaw
Traffic Devices
& Speed L imits-
Church & Ronan
Plan. Com.
Pers. Com.
7113/81
Facil iti es
Maint.Sup.
Res. #81-70 re:
Non-Discrimi-
nation Policy
Motion was made by Councilman Cunningham that Consoer Town-
send be given a thirty (30) day notice of termination. Motion died
for lack of a second.
A letter from Mr. Jose Chapa was noted complaining about a
Police Officer's alleged accusation.
Mr. JOse Chapa addressed the Council further explaining the
incident and requesting an apology from the Commander in question.
Police Chief Cowart addressed the Council further reporting
on the matter in regard to the subject incident and recommended
that the matter be closed and the City pledge continued cooperation
in good faith.
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Receipt of an application was noted from James t1achado and
Don Bradshaw requesting a license to operate a taxicab business at
7881 Eigleberry Street.
Police Chief Cowart noted that a preliminary investigation
has been conducted in regard to this application and that final
investigation in regard to the applicants is being processed. He
noted that he has no objection to said business subject to final
investigation of the applicants.
Motion was made by Councilman Cunningham seconded by Council-
man Taylor and carried that the request from James Machado and Don
Bradshaw to operate a taxicab business be approved subject to final
investigation as recommended by the Police Chief.
A request of Ms. L. F. Beams was noted requesting a 4-Way
Stop and Speed Limit at Church Street and Ronan Avenue. City
Administrator Wood recommended that same be referred to STaff for
recommendation on said matter.
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The Mayor referred same to STaff for a recommendation on
the request of Ms. Beams.
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The following informational items were noted with no separate
discussion on same:
County of Santa Clara, Central Permit Office, re: Limited
Referral Services;
Certificate of Commendation to a local citizen;
Senator Alquist in re: to SB 573; and
Local Agency Formation Commission Fee Increases.
The Mayor noted that there was no scheduled meeting of the
Planning Commission on July 16, 1981, as noted on the agenda.
The Report of the Personnel Commission Meeting of July 13,
1981, was noted.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the classification description and salary range for
the position of Facilities Maintenance Supervisor be approved as
recommended.
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Motion was made by Councilman Cunningham seconded by Councilman
Link that the reading of Resolution No. 81-70 be waived and that it
be adopted for a policy of non-discrimination on the basis of marital
status, as recommended.
RESOLUTION NO. 81-70
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A POLICY OF
NON-DISCRIMINATION ON THE BASIS OF MARITAL STATUS.
PASSED AND ADOPTED this 20th day of July, 1981, by the following vote:
4603
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: ALBERT and HUGHAN
Sr. Citizens' Councilman Link suggested that the fringe benefits for the position
Coordinator of Senior Citizens' Coordinator be fully funded by the City and that the
salary be funded from Grant Funds only.
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Discussion was had by Council on the matter.
Motion was made by Councilman Pate seconded by Councilman Cunning-
ham and carried that the classification description and salary range 25
for the position of Senior Citizens' Coordinator be approved as recommended.
Councilman Link voted "noll on the motion.
Motion was made by Councilman Link seconded by Councilman Cunning-
ham that the salary range for Senior Citizens' Coordinator position be
from grant funds and fringe benefits to be paid for fully by the City.
Motion failed. Council t1embers Pate and Goodrich voted IInoll on the motion.
The City Attorney noted that said motion did not pass; that said motion
requires four (4) affirmative votes to pass.
Disbursements City Administrator Wood presented a Report of Disbursements from
June 1, 1981, through June 30, 1981. Councilman Taylor inquired of the
two (2) warrants, No. 16699 and 16902, to Sound of Plants, both payments
in the amount of $9,120.31. Staff noted that same would be checked to
determine if same is a duplicate payment.
PERS City Administrator Wood presented and explained a report on a
PERS savings.
Off-Duty
Police Pay
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Geohydrologic
Study
Christmas Hill
Pk. Security
Overtime
Res. #81-71 re:
Prop. Ronan-
L iman Assmt.
Di st.
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City Administrator Wood presented a report on Off-Duty Police
Security Service Pay. Discussion was had by Council. Police Chief Cowart
further explained the recommendation. City Administrator Wood recommended
that the matter be further studied and report back to Council on same
at the next regular Council Meeting.
City Administrator Wood presented a report and recommendation on a
Geohydrologic Study at Gilroy.s ~Jastewater Disposal Facility. He
recommended that the City proceed with said study estimated at $6,919.99.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the City proceed with a Geohydrologic Study at Gilroy's
Wastewater Disposal Facility as recommended - study estimated at $6,919.99.
City Administrator Wood presented a request for clarification on
additional overtime request for patrol at Christmas Hill Park. City
Administrator noted that same could be tabled to await a report from
the Committee studying said matter.
Director of Public Works-City Engineer Hansen presented a resolu-
tion requesting consent of the Board of Supervisors of Santa Clara County
to consent to Exercise of Extraterritorial Jurisdiction re: proposed
Ronan Avenue-Liman Avenue Assessment District.
Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 81-71 be waived and that it be adopted.
RESOLUTION NO. 81-71
A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY
OF SANTA CLARA TO THE EXERCISE OF EXTRATERRITORIAL JURISDICTION TO UNDER-
TAKE PROCEEDINGS FOR THE ACQUISITION AND XONSTRUCTION OF PUBLIC IMPROVE-
MENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESS UPON THE DISTRICT
BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT
BOND ACTS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT.
PASSED AND ADOPTED this 20th day of July, 1981, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: ALBERT and HUGHAN
4f504
Golf Course
Agreement
Old City Hall
Project
Burglar Alarm-
Ci ty Ha II
Adjournment
Councilman Taylor, Chairman of the Golf Course Advisory
Committee, reported on a proposed Golf Course Agreement recommending
the Operator's $65,000 prior to any excess of same to split with
the City and recommended changes in the agreement as outlined in
the report which has been agreed upon by the Golf Course Board of
Di rectors.
Motion was made by Councilman Cunningham seconded by Council-
man Pate and carried that the recommendation of the Golf Course
Advisory Committee be approved as outlined.
Discussion was had in regard to the electrical costs of
operating the booster pump at the Golf Course.
George T. Duffin, President of the Gilroy Golf & Country Club,
addressed the Council obj ecti rtgto the City charging for the operation
costs O~ot~onb~gstm~dgu~Y.coB~~t~ma~O?a~T~rhggc8Rd~Beb~aebUhtilman
Cunningham and carried that the electrical costs of the booster pump
at the Golf Course be charged from the City's portion of the profit;
charges to begin July 1, 1981. Councilman Pate voted IInoll on the
motion.
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(At 10:25 p.m., Councilman Cunningham left the Council
Chambers.)
Further discussion was had in regard to the $14,000 Golf
Course Budget for 1981-82 and Mr. Duffin noted that the $14,000
budget has been earmarked for planned capital improvements at the
Golf Course; that Council's action in regard to the electricity
charges for the booster pump would reduce said budget to $9,000.
Council assured President Duffin that the Golf Course Budget
for 1981-82 would remain at $14,000 and that the electricity charges
for the booster pump would only be funded out of the City's share of
the profit if there is a profit realized.
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City Administrator Wood noted an invitation from the lessees
of the Old City Hall Building Project to the Council Advisory Com-
mittee for same, to be scheduled for a luncheon in Watsonville to
explain proposed plans for the Old City Hall Renovation Project.
Councilman Pate, Chairman of said Committee, requested that same be
scheduled after August 3, 1981.
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City Administrator Wood reported on the Burglar Alarm System
at the City Hall recommending additional alarms be installed; esti-
mated cost - $5,719.00. Motion was made by Councilman Pate seconded
by Councilman Taylor and carried that the 1981-82 Budget be amended
in the amount of $5,719.00 to allow for installation of said burglar
alarms as recommended.
At 10:36 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
A~jt.~
r City ClerX
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