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Minutes 1981/09/08 Roll Call ...... Intro. Emp. , Promoti ons .... Intro. New Employees Consent Calendar Minutes 4617 September 8, 1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor NormanB. Goodrich at 8:04 p.m. Present: Council Members: Sharon Albert, Roberta H. Hughan, Marion T. Link, Robert E. Taylor and Norman B. Goodrich. Absent: Council Mem- bers: Brian D. Cunningham and John E. Pate. The Mayor introduced the following City Employees for promotions: Bill A. Headley, from Parks Supervisor to Superintendent; Morris McHenry, Edward Montez, Anthony Holiday and James Seip from Fire Fighters to Fire Enqineers. The Mayor i nt rodu ced the fo II owi ng new employees: Ea r 1 Cou rtney , Sr. Custodi an, and Robert Choate, vlastewater Treatment Pl ant Operator 1. City Administrator Wood requested removal of Item "FII re: request for Expenditure Budget Amendment from the Consent Calendar. Motion was made by Councilman Link seconded by Councilwoman Hughan that the follow- ing items under the Consent Calendar be approved by the following Roll Call Vote, excluding Item IIFII as recommended. Ayes: Council Members: Albert, Hughan, Link, Taylor and Goodrich. Absent: Council Members: Cunningham and Pate. Approved the Minutes of the Reqular Council Meeting of August 13, 1981 ; Approved the Minutes of the Adjourned Regular Council Meeting of August 17, 1981; Pub. Hear. re: Set September 21, 1981, as a Public Hearing on a Report and Assess- Weed Abatement ment on Abatement of Weeds and Refuse; JII"'. ..", Ord. #81-28 re: Adopted Ordinance No. 81-28 amending Chapter 19 of the City Code Sewers pertaining to Sewers and Sewage Disposal. -.. Injury Claim- V.Barnello Pub.Hear. re: RDO Applics. Res. #81-76 re: Storm Drai n Fees JlIIIf'!" ... Budget Amendments ORDINANCE NO. 81-28 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING CHAPTER 19 OF THE GILROY CITY CODE PERTAINING TO SEWERS AND SEWAGE DISPOSAL. PASSED AND ADOPTED this 8th day of September by the followinq vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE; Denied a Personal Injury Claim of Vicky Barnello; Set September 21, 1981, as a Public Hearing date for Residential Development Ordinance Applications; and Adopted Resolution No. 81-76 Adopting Area Storm Drainage Fees. RESOLUTION NO. 81-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING AREA STORM DRAINAGE FEES AS PROVIDED FOR IN ORDINANCE NO. 81-22. PASSED AND ADOPTED this 8th day of September, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE City Administrator Wood presented additional information regarding Item "F" request for Expenditure Budqet Amendments, specifically, recom- mending purchase of a new Hi-Ranqer Unit opposed to repairin9 the present un it. Hi-Ranger Unit Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the repairing of the present Hi-Ranger Unit be tabled to await Council decision on the matter of contracting work required for use of the Hi-Ranger Unit to an outside agency. 4618' Furniture re: City Hall Police Vehicles Bids re: P/U Truck Bids re: Aerial Fire Truck Pub. Hear. re: Prezoning- E. Fi 1 ice Pub.Hear. re: Neg. Decl. - Clean Water Grant Applic. Motion was made by Councilwoman Hughan seconded by Council- woman Albert and carried that a budget amendment in the amount of $110.00 be authorized re: furniture. Discussed budget ransfer request re: striping police vehicles and tabled action on same to the next regular meeting in order for Council to view one police vehicle presently striped. Motion was made by Councilwoman Hughan seconded by Council- woman Albert and carried that budget amendments for Items 3 through 6 be authorized as recommended. Noted Report of Bids received for one (1) pick-up truck to be used at the Sewer Treatment Plant recommendinq award of same to Marx Chevrolet-Buick in the amount of $13,183.29. ~ Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the bid of Marx Chevrolet-Buick be awarded in the amount of $13,183.29 as recommended for purchase of one (1) pick-up truck. 1--' i , - Noted a Report of bids received for an Aerial Fire Truck and further explained by Fire Chief Brittain. Motion was made by Council- man Taylor seconded by Councilwoman Hughan and carried that'the Lease- Purchase Agreement be approved for purchase of an aerial fire truck with FMC-Van Pelt Fire Trucks as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Ernest Filice, applicant, on 5.65 acres located west of Thomas Road and north of Uvas Creek to R3 (Low-Density Multiple-Family) District. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Mr. Arnold Brunetti, W. J. Hanna & Son, addressed the Council, representing the owner, noting that the owners agree with the Planning Commission recommendation. ~ 1111IIII 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 audi en ce. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a proposed ordinance be introduced and published by title and summary prezoning said prorerty subject to Staff recommenda- tions. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider approval of the Negative Declaration for a Clean Water Grant Application. Planning Director Dorn presented and explained the Staff Report and Initial Study. City Administrator Wood recommended that the record show that at times, during hot weather, the City has experienced a serious .~ reduction in capacity and that it is critical, at this time, to pro- j vide additional storage and production capacity. .. 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 Taylor and carried that the Public Hearinq be closed. t1otion was made by Councilman Link seconded by Councilman Taylor and carried that the Negative Declaration be approved for the Clean Water Grant Ap~lication. Signalization- Murray Ave. & Leavesley Rd. "",..... -- 4619 Receipt of a Petition containing 1,049 signatures was noted requesting traffic light siqnalization at the intersection of Murray Avenue and Leavesley Road. A letter from Ms. Cass Peterson in regard to the above petition was noted. City Administrator Wood noted that the City has planned for said signalization in its Capital Improvement Program and that the State of California needs to be convinced that earlier construction of this project is des ired. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Ms. Lydia Hernandez, 425 Lincoln Court, addressed the Council urging advancing the project to an earlier date. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that the City supports the petitioners and requested that letters be written to the State Legislators requestinq installation of the signalization project at an early date. The Mayor urged the petitoners to also write individual letters to their legislators. Petition-Pappani A Petition was noted froM Filice Estate Vineyards requesting Reorganiza- reorganization of uninhabited territory to be known as "Pappani Re- tion 81-2 organization 81-211 located on the southerly side of Mantelli Drive, 133 feet westerly of Welburn Avenue, containing 31.448 acres, noting LAFCO approved same August 5, 1981. Res. #81-77 !iIfP"'''' ...... McDonald Rest. re:Police Officer Fees ......... ..... Petiti on re: Third St. Motion was made by Councilwoman Hughan seconrled by Councilman Link that the reading of Resolution No. 81-77 be waived and that it be adopted approvin9 annexation of said territory and removing same from the South Santa Clara County Fire District. RESOLUTION NO. 81-77 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS PAPPANI REORGANIZATION 81-2 OF THE CITY OF GILROY. PASSED AND ADOPTED this 8th day of September, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LI NK, TAYLOR and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. David Kaplan, McDonald Restaurant in Gilroy, addressed the Council requesting waiver of the police officers' fees for solicitation activities September 6 and 7, 1981, for Muscular Dystrophy Association Telethon. It was noted by Staff that a $1,440.00 deposit was received for said event for police officers. fees and that $277.50 was unused funds. ~1oti on was made by Councilman Taylor seconded by Councilwoman HU9han and carried that the $277.50 refund be authorized for unused police officers' fees, but that the oolice officers' fees for said event not be refunded. Mr. Tom Carmichael, 7700 Santa Theresa Drive, addressed the Council in regard to Petitioners requesting removal of Third Street from the Gneeral Plan as a through street connecting to Santa Teresa Boulevard. The Mayor requested that same be discussed under the Planning Commission Report VILA.3. League Delegates Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Mayor be appointed as Voting Delegate and Mayor Pro- Tempore Pate as Alternate for the League of California Cities Annual Conference. 4620' Parol e for Convicted Felon Chamber Member- ship So. Flood Con- trol Zone Reps. Res. #81-78 re: Tax Exchange LAZZCO, Inc. Lot Div.- Dawn Way League Bulletin City Employees City Administrator Wood requested Council determination of reservations for said Conference. A letter from the City of Santa Clara was noted requesting support regarding a convicted felon. Letters from Assemblyman John E. Thurman and Stanislaus County opposing the parole of William A. Fain were noted. Motion was made by Councilman Taylor seconded by Councilwoman Albert and carried that the City supports the requests that parole be denied. A request of the Gilroy Chamber of Commerce for a City Mem- bership was noted. Motion was made by Councilwoman Albert seconded by Councilman Taylor and carried that the request be denied noting that the City should strive for cooperation with the Chamber but that membership be limited to personal membership rather than City. !l ..... The Mayor reappointed Councilman Link as renresentative to the South Flood Control Zone of the Santa Clara Valley Water District, and Councilwoman Hughan, Director of Public Works Hansen and Plan- ning Director Dorn as Alternates. City Administrator Wood presented a request for adoption of a Tax Increment Exchange resolution by the Santa Clara County Inter- governmental Council. Motion was made by Councilman Taylor seconded by Councilman Link that the reading of Resolution No. 81-78 be waived and that it be adopted. RESOLUTION NO. 81-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GI LROY OF AGREEt1ENT PURSUANT TO REVENUE AND TAXATION CODE SECTION 99.1 FOR EXCHANGE OF PROPERTY TAX REVENUES FOR TERRITORIES AFFECTED BY A JURISDICITONAL CHANGE RESULTING IN A SPECIAL DISTRICT PROVIDING SERVICE WHERE SUCH SERVICE HAD NOT BEEN PREVIOUSLY PROVIDED BY ANY LOCAL AGENCY. PASSED AND ADOPTED this 8th day of September, 1981, by the following vote: AYES: NOES: ABSENT: ...... --- COUNCIL ME~1BERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CUNNINGHAM and PATE City Administrator Wood oresented a request of LAZZCO, Inc. requesting a lot division on Dawn Way. Director of Public Works-City Engineer Hansen reported that at the time Council established a policy for one-half (~) acre lots in said area, the Santa Clara County Assessor's mans were in error, noting that said parcel contained .88 acres gross. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the lot division requested by LAZZCO, Inc. be approved as requested with a restriction to be placed upon the deed that said lots connot be further divided because of limited utility services in the area. The following informational items were noted with no separate discussion on same: ~ i I .....", League of California Cities Legislative Bulletin #26-1981; and Police Chief commendinq actions of city employees. Plan. Com. Reports The Report of the Planning Commission Meeting of August 19, 8/19/81 & 1981, was noted. 9/3/81 The Report of the Planning Commission Meeting of September 3, 1981, was noted. 10th Street Study Urban Service Area Proposal W!"Oi-~, - ~'~ ....... Uvas Park Dr. Alignment ",.. .. 4621 Motion was mane by Councilwoman Hughan seconded by Councilman Taylor and carried that the Tenth Street Study be tabled to a future Council Meeting. ~oarncnil reviewed the 1981 Urban Service Area proposal. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on said proposal. The following addressed the Council in regard to further explanation of their applications for inclusion in the Urban Service Area: 1) Joe Demitrich, re: Application No.1; 2) Gary Coats, re: Applications 2, 5, 6 and 8; 3) William K. Henry, re: Hoey Application. Cal LeNeave, 9515 Morey Avenue, addressed the Council and inquired how the water is going to run up-hill. City Administrator Wood noted that a prerequisite of development will be that the drainage must be solved prior to development. Mr. Tony Lerma, 9545 Morey Avenue, addressed the Council, noting that the acreage in application No.8 ann the Hoey property would prob- ably be large lots under hillside development. The Mayor asked if there was anyone murther in the audience wishing to speak on the ~atter. There was no comment from anyone in the audience. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilman Link and carried by the following Roll Call Vote that Alternate No.4 as recommended by the Planninq Commission be approved for the 1981 Urban Service Area Revision: Ayes: Council Members: Hughan, Link, Taylor and Goodrich. Noes: Council Member: Albert. Absent: Council Members: Cunningham and Pate. Council noted the Planning Commission's recommendation for Uvas Park Drive Alignment further explained by Planning Director Dorn and Director of Public Works-City Engineer Hansen. Councilwoman Hughan declared herself absent in the discussion and action taken regarding the subject alignment due to a conflice of interest in same. City Administrator Wood presented a petition signed by 334 resi- dents requesting that Third Street not be connected to Santa Teresa Boule- vard. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Jim Hitchner, Third Street resident, addressed the Council requesting that Third Street not be connected to Santa Teresa Boulevard, concurring with the island plan that would prevent any traffic on Santa Teresa Boulevard turning onto Third Street. Mr. Tom Carnichael, 7700 Santa Barbara Drive, addressed the Council requesting that Third Street be removed from the General Plan in connec- tion with Santa Teresa Boulevard. Mrs. Joan Harrison addressed the Council noting Council previous action not showing Uvas Park Drive connecting into Santa Teresa Boulevard. The City Attorney stated that there are existing plan lines and what the Council action did, there are no new plan lines. Mrs. Harrison said if there is no additional action taken by Coun- cil this year, there is an official plan line which is contrary to the motion made in regard to Uvas Park Drive not connecting into Santa Teresa Boulevard. She further noted that the new General Plan does not call for 4622 P & R Com. 8/18/81 Monthly Re po rts Disbursements Storm Drainage Agreements- Policy Uvas Park Drive being a cross-town expressway and requested that some official plan line be established. Mr. Bob Nickerson, Third Street, addressed the Council and inquired about action at the Planning Commission level. Planning Director Dorn confirmed action taken at the Planning Commission and noted that they did not direct him to prepare alterna- tives; that he proposed islands in one of the alternatives since it was discussed at the Planning Commission Meeting. Mr. Nickerson further noted that none of the alternatives ~ submitted by the Planning Commission included the priorities submitted by the Director of Public Works, specifically Diagram IIF-111. He ..... further inquired of the zoning of the Benassi property which was explained by Palnning Director Dorn. He further requested that Council take into consideration the proposed R3 zoning for the Benassi property and the traffic it would generate, specifically if Third Street con- nected to Santa Teresa Boulevard. ' Director of Public Works-City Engineer Hansen explained his memorandum submitted with the Planning Department report, noting that alternatives were proposed for Third Street as a result of Council.s previous action that Uvas Park Drive not connect into Santa Teresa Boulevard, noting that similar action could be taken for Third Street. ~1r. Richard Bower, Laurel Drive, addressed the Council and opposed to Third Street or Uvas Park Drive connecting to Santa Teresa Boulevard. Mr. Eugene Ward, 1301 Third Street, addressed the Council noting that Third Street is already congested and urges removal of said street from the official plan line map. Mr. Joseph M. Gauthier, 7695 Laurel Drive, addressed the Coun- cil and objected to Third Street connecting to Santa Teresa Boulevard. Mr. Jim Hitchner addressed the Council noting it is his opinion that Diagram "F-111 submitted with the Planning Commission report is a way to allow the Benassi prooerty to develop without putting all the traffic on one street. -, ..."" Mr. Bob Hoefler, 7500 Laurel Drive, addressed the Council and suggested that a road be constructed on the other side of the creek, thus leaving the reasidential area without any official plan lines for through streets. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilman Link and carried that action on same be tabled to the October 5, 1981, Council Meeting in order to attempt to have a full Council voting on the matter. The Minutes of the Parks and Recreation Commission Meeting of August 18, 1981, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of June and July 1981 were noted. The Summary of Monthly Reports of July, 1981 was noted and discussed. ., 1 ......... The Report of Disbursements from August 1, 1981 through and including August 11, 1981 was noted. A letter from John Filice regarding Storm Drainage Agreements was noted recommending a policy for same. Motion was made by Council- woman Hughan seconded by Councilwoman Albert and carried that the first three (3) items as submitted be approved as a Council policy reco~mended in the letter from John Filice. 4623 Wheeler Aud. Conversion City Administrator Wood presented a request for adoption of resolu- tions authorizing filing of two grant applications for Wheeler Auditorium rehabilitation. Motion was made by Councilwoman Albert seconded by Councilwoman Hughan and not carried by the fOllowing Roll Call Vote that authorization be given to file applications for two (2) grants for the rehabilitation of Wheeler Auditorium: Ayes: Council Members: Albert, Hughan and Goodrich. Noes: Council Members: Link and Taylor. Absent: Council Members: Cun- ningham and Pate. ~! Historic Heritage The Mayor tabled appointment of a new member to the Historic Heri- Committee Appt. tage Committee to replace Muriel Brem, recently resigning from said Com- ... mittee, to the next regular Council Meeting. EIR re: Gen. A request for a Budget Amendment for an EIR on the upcoming General Plan Amendment Plan Amendment was presented. Discussion was had by Council. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid for preparation of an EIR for the General Plan Amendment be awarded to Terra-Sol, Ltd. and that the Budget be amended to allow for same as recommended. Co. Animal City Administrator Wood oresented a report on County Animal Control Control Services which was further explained by Police Chief Cowart. The Mayor suggested that the Board of Supervisors be notified that the City is concerned with the services performed by the County in regard to Animal Control and remind them that the State has mandated the County to provide said services to the City of Gilroy. Leavesley Rd. St. Improve- ments Director of Public Works-City Engineer Hansen presented a request for Council cirection in regard to street improvements to be installed on Leavesley Road in the vicinity of Las Animas Technology Park. -.. I Discussion was had by Council on the matter~ Council agreed that a transition is appropriate and it should begin just easterly of the signalized road. Discussion was had by Council on the level of landscaping of the median island. Council agreed to the requirement of a median divider and the level of landscaping to be decided when there is a full Council present. Discussion was had in regard to the traffic and pedestrian traffic on the south side of the road running towards Burger King. Council requested Staff to determine if there is sufficient space available for a sidewalk at said location, or if there is a freeway ramp presently at this location. -- Res. #81-79 re: Util ity Cover Adjustments Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 81-79 be waived and that it be adopted approving an agreement with the State Department of Transportation for utility cover adjustments as recommended. ... RESOLUTION NO. 81-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT NO. 110.79.2 FOR UTILITY COVER ADJUSTMENTS IN THE CITY OF GILROY. PASSED AND ADOPTED this 8th day of September, 1981, by the following vote: AYES: COUNCI L MEMBERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE ~ Res. #81-80 re: Septic Tank Disposal Chgs. Motion was made by Councilman Taylor seconded by Councilwoman Hughan that the reading of Resolution No. 81-80 be waived and that it be adopted increasing Septic Tank Truck Disposal Charges as recommended. RESOLUTION NO. 81-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION . NO. 1676 REGARDING SEPTIC TANK TRUCK DISPOSAL CHARGES. 4624 ... PASSED; AND ADOPTED thi s 8th vote: AYES: NOES: ABSENT: day of ?eptember, 1981, by the following COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: CUNNINGHAM and PATE Testing-Ind. Treat. Pl ant Director of Public Works-City Engineer Hansen presented a Budget Amendment to provide for additional State required testing at the Industrial Treatment Plant. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Budget Amendment be approved for addi- tional State required testing at the Industrial Treatment Plant as recommen ded. ' Historic Heritage The Minutes of the Historic Heritage Committee Meeting of Committee August 25, 1981, were noted. Passenger Train Councilwoman Hughan requested Council endorsement of restora- Service tion of passenger service for trains stopping in Gilroy to Los Angeles via Sacramento with a connection to San Francisco. She noted that the proposed schedule for stopping in Gilroy would be 5:00 a.m. from the north and returning from the south at 12:00 midnight. The ~1ayor appointed Councilwoman Hughan to prepare the letter endorsing same for his signature. ICC Meeting The Mayor noted that Councilwoman Hughan would represent the City at the September 10, 1981 I nter-City Council Meeti ng in Los Gatos. Councilwoman Huqhan noted that Marlene Stevenson and Ruth Habing would accompany her at said meeting. Councilwoman Albert requested reservations for said meeting. Adjournment At 11:00 p.m., the Mayor adjourned the meeting. Respectfully submitted, ?f-U4~~. d9 Ci ty Cl erk .r