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Minutes 1981/11/16 r 4652 Roll Call Consent Calendar Minutes Salary Increases Ord. #81-33 re: Place of Council Mtgs. Pub.Hear. re: Rezoning- M.Oshan ~ November '6, 1981 Gilroy, California The Regular tieeting 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 A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr., and Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be approved by the following Roll Ca11 Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Adjourned Regular Council Meeting of October 26, 1981; Approved the Minutes of the Regular Council Meeting of November 2, 1981; Approved the following Salary Achievement Increases for two (2) City Employees, effective December 1, 1981: Richard t1artinez, Waste- water Treatment Plant Operator I, Range 28 from Step B, $1,405 to Step C, $1,475 and Clay Bentson, Firefighter, Range 31 from Step A, $1,636 to Steo B, $1,718; Adopted Ordinance No. 81-33 amending Sections 2.13(b) and 2.15 of the Gilroy City Code so as to correct the place of Council Meetings. ORDINANCE NO. 81-33 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 2.13(b) AND 2.15 OF THE GILROY CITY CODE SO AS TO CORRECT THE PLACE OF COUNCIL MEETINGS. PASSED AND ADOPTED this 16th day of November, 1981, by the followin~ vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH NONE NONE; HUGHAN, LINK, TAYLOR, VALDEZ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Set December 7~ 1981, as a Public Hearing date for a rezoning request of Michael I. Oshan, applicant, from R3X (High-Density Multiple-. Residence) District to PO (Professional Office) District on .172 acres located at 7860 Hanna Street, between First and Second Streets; and Approved Budget Amendments and Transfers, as recommended. Budget Amendments & Transfers Pub. Hear. re: The Mayor stated that it was the time and place scheduled for a Weed Abate. public hearing on a Report and Assessments on Abatement of Weeds and Refuse. 4653 The Fire Chief's Report was noted and further explained by Fire Chief Brittain. The Mayor asked if there was anyone present in the audience wishing to speak for or against the matter. There was no comment from anyone in the audience. Motion was made by Councilman Hughan seconded by Councilman Link and carried that the Public Hearing be closed. .... I i Res. #81- 10 1 Motion was made'by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 81-101 be waived and that it be adopted. -- RESOLUTION NO. 81-101 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRtlING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GRO~IING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSt1ENTS AGAINST THE RESPEC- TIVE OWNERS OF LAND. PASSED AND ADOPTED this 16th day of November, 1981, by the following vote: AYES: COUNCIL MEMBERS: ~LBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Street Sweeping The Mayor introduced ~ir. Ted SPlith, Smith's Action ~1aintenance, Contractor recently contracted to sweep City streets. Mr. Ted Smith addressed the Council and explained his background and street sweeping experience. - The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. __ So. Co. Airport Ms. Bonnie Lappin, addressed the Council regarding Council coopera- tion in location of a South County Airport. The Mayor noted that when this item was previously discussed, it was postponed to some future time in the event that any ~mber of the Council wished to pursue the matter. Councilwoman Hughan noted that if the City were to take any action on the matter it should be after completion of the EIR which is not anticipated to be completed until February 1982. The Mayor informed Ms. Lappin that if and when this matter was agendized she would be notified. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Gilroy Optimists Mr. John Albaugh, Gilroy Optimist Club, addressed the Council Re:Xmas Tree requesting waiver of their business license required for selling Christmas Sales trees. - I The City Attorney noted that the City has received numerous requests from local service clubs and that it has been the City's policy to not waive said fees. ..... Gi 1 roy Foods- Energy Cons. Plant Mr. Richard Zahner, Director of Engineering, Gilroy Foods, addressed the Council and presented and explained a proposed project of his company for the installation of a waste energy conversion plant. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. 4654 GUHS Nei ghbors ~~r. Greg Murphy, representing the residents of Valley Forge and Orchard Drives area, addressed the Council noting dissatisfaction with the behavior of some of the High School students, specifically, vehicles parking on the street, loitering, residents receiving verbal and physical harrassment, vandalism, fights, thefts, trash problems from a lunch truck caterinq service, soeeding, and reckless driving on the street. He noted no support from the Police Department. He noted that the matter has been somewhat alleviated since the recent meeting of the local School Board on November 9, 1981. ~lr. Murphy requested i mmedi ate acti on and support and sugqested the school require a closed campus. He further noted that the teachers are not parking their vehicles in the school IS designater:l areas for staff. He further noted that he would obtain and present a petition from the local residents if the Council desired him to do so. ~ I 1 -- Mr. Rodney Kelley, Superintendent of Schools, addressed the Council and noted that the school has recently met with the Police Department and requested the Council to participate in cooperation with the School as well as citizens and students. Couocilwoman Hughan noted that she attended said meeting. Councilman Taylor noted that the City/School Liaison Committee was not notified of said meeting. Chief of Police Cowart addressed the Council regarding the matter. The Mayor requested that Council be presented with a Staff Progress Report at the next regular meeting of December 7, 1981, ann further requested that the Police Department cooperate with the School District on their proposed plans to alleviate the problem. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. ~ Mr. Vic Valdez, Manager of South Valley Food Service, addressed the Council noting that he is the operator of the lunch truck that serves the high school students. He noted that he was only recently notified of the problem and that he is willing to cooperate with the School District; that he has recently been policing the litter in t~e area and that the litter is not solely from his lunch wagon busines~. .... Miss Sonja Fierro, Student Body President of the High School, addressed the Council and noted that the school is working on the problem but that they need cooperation from the entire community. Mrs. Nellie Robinson, resident of Mobile Home Estates, addressed the Council and noted that she has received much vandalism to her residence which has occurred at times other than the High School lu~ch period. She further noted that she is employed by the School Dis- trict in the Food Service Department at the High School and that clqsed campus does not appear to be the solution, since there are more students than the school can accommodate in the Food Service Department. She further noted that it was not the majority of the high school students that are causing the problems. Ms. Lois Harrison, student, addressed the council notinq that there is not adequate food facilities at the high school for the entire student body. ~ Ms. Jean Stillman, resident of Valley Forge Drive, addressed the Council and noted that she attended a larger high school which solved this type of problem by having more than one lunch period for the students. She further requested that something be done on the matter. ......, Mr. Ted Smith, new resident, addressed the Council anrl noted that he was previously from an area that had similar problems and urges the School and City to work cooperatively with the students and nei ghbors. ~ 1 i .... Ambulance Rate Increase Res. #81-102 - ....... Williamson Act- Gilroy Bus. Pk. ~ ... 4655 Ms. Maria Hills, student, addressed the Council noting that she believes some of the problems of the students loitering is due to the school prohibiting students under sixteen (16) years of age from smoking on campus in the designated areas and encourages them to smoke one block off campus. She also noted opposition to more than one lunch period since elective classes scheduled contain students from all high school grade levels and the entire class schedules would have to be re-arranged to accommodate more than one lunch hour. Mr. John Berger, Valley Forge Drive resident, addressed the Council and noted that he fought against a closed campus at the high school; that the problem began when the School District adopted a policy of prohibiting so-called IIjunk foodsll to be sold on campus. 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. The Mayor asked if there was anyone in the audience wishing to speak on any other matter not on the agenda. There was no comment from anyone in the audience. City Administrator Wood presented a request of Stephens and Poletti Ambulance, Inc., for a rate increase. Mr. James Stephens, Jr., addressed the Council further explaining the request. Discussion was had on the matter. Motion was made by Councilman Taylor seconded by Councilman Link that the reading of Resolution No. 81-102 approving the re~uested rate increase be waived and that it be adopted. RESOLUTION NO. 81-102 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY STEPHENS AND POLETTI AMBULANCE, INC. WITHIN THE CITY OF GILROY. PASSED AND ADOPTED this 16th day of November, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented and explained a request for Notice of Non-Renewal of Williamson Act Contract - 37 acres, Gilroy Business Park, J. H. Tromp Meesters, et al, and request for acceptance by the City. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the request for non-renewal of a Williamson Act Contract be accepted and that same be transmitted to the County of Santa Clara. The following informational items were noted with no separate discussion on same: Legislative Workshop, November 7, 1981, Millbrae; Reorganization application filed with LAFCO November 3, 1981, re: IIGilman Road Reorganization 81-811, Lawyers Title, Inc., applicant, for Joel Smolen, Las Animas Technology Park; Santa Clara County Manufacturing Group re: Guadalupe Corridor Project; ABAG re: Election of ABAG President and Vice President; and Assemblywoman Sally Tanner in re: to SB 618, Hazardous Substance Account Act. 4656 Pl an. Com. Repo rt 11/5/81 Pers. Com. 11/9/81 Disbursements The Report of the Planning Commission Meetin0 of November 5, 1981, was noted. The Report of the Personnel Commission Meeting of November 9, 1981, was noted. The Report of Disbursements from October 1, 1981, through October 31, 1981, was noted and discussed. Councilman Taylor noted the payment for new trees in City Parks required as a result of vandalism in parks and urges all citi- I~I: zens to cooperate and advise the City if they view these acts. J ... Budget Amend. re: A Budget Amendment for manhole inserts for the Sewer Interceptor Sewer Inter- was noted and recommended. Motion was mane by Councilman Link seconded ceptor by Councilman Taylor and carried that the budget amendment for manhole inserts for the Sewer Interceptor, Gilroy-Morgan Hill, be authorized with the stipulation that same be installed as soon as possible. Security Pers. @ City Administrator Wood presented the Police Chief's report on Spec. Events security personnel at special events. Police Chief Cowart further explained same. HCD Jt. Powers Agreement Res. #81-103 Res. #81-104 Motion was made by Councilman Link seconded by Counci'lwoman Hughan that a proposed ordinance regulating security nersonnel for special events be introduced and published by title and summary. I Motion was made b~ Councilman Link seconded by Councilwoman Hughan that a proposed o~dinance be introduced amending Section 8.2 of the City Code to confqrm to new Chapter 18C regulating security personnel at special events and that same be published by title and summary. Council was informed of the new hourly rates for police officers required for City reimbursement to become effective January 1, 1982. ..... .... City Administrator Wood presented a report on HCD Joint Powers Agreement. Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 81-103 be waived and that it be adopted. RESOLUTION NO. 81-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RESCINDING EXECUTION OF THE JOINT PQWERS AGRED1ENT AND COOPERATIVE AGREEMENT TO UNDERTAKE OR ASSIST IN THE UNDERTAKING OF ESSENTIAL ACTIVITIES PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED WITH A THREE YEAR TERM TERtUNATING JUNE 30, 1985, AND RESCIS- SION OF CITY OF GILROY RESOLUTION NO. 81-85. PASSED AND ADOPTED this 16th day of November, 1981, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCI L MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ, Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 81-104 be waived and that it be adopted. ~ I I ...... RESOLUTION NO. 81-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACKNOWLEDGING EXECUTION OF JOINT EXERCISE OF POWERS AGREEMENT AND COOPERATION AGREE- MENT PURSUANT TO TITLE I OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED. PASSED AND ADOPTED this 16th day of November, 1981, by the following vote: AYES: COUNCIL MEMBERS: NOES: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH NONE NONE HUGHAN, LINK, TAYLOR VALDEZ Wi 11 i amson Act Agree. Wheeler Com. Center ....1 i 1 I ' '- Obata Dev. Res. #81-105 -"'II -- 4657 A report was noted on A.B. 2074, One-Time Cancellation of William- son Act Agreements for information and review. The City Administrator noted that the City Attorney is preparing guidel ines for Council to follow under this procedure. A Wheeler Community Center Brochure was noted and funding for same explained by City Administrator Wood. Councilman Link opposed using HCD funds for other purposes than housing. Motion was made by Councilman Link seconded by Councilman Taylor and carried by the following Roll Call Vote that the HCD Grant Coordinator, representative of the HCD Counsel Committee, be instructed to program all the HCD funds coming under Title I into housing rehabilitation and that the City make application for additional funds for housing rehabili- tation. Ayes: Council Members: Gage, Link, Taylor, Valdez and Goodrich. Noes: Council Members: Albert and Hughan. A recommendation to execute conveyance of ownership of gas and electric facilities in the Obata Development to P. G. & E. was noted. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 81-105 be waived and that it be adopted authorizing the Mayor to execute conveyance of ownership of gas and electric facilities in the Obata Development as recommended. RESOLUTION NO. 81-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF CONVEYANCE OF OWNERSHIP OF GAS AND ELECTRIC FACILITIES IN TH E OBAT A DEVELOPMENT TO PACI FI C GAS AND ELECTRI C CmiPANY. PASSED AND ADOPTED this 16th day of November, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Acosta Dwelling- A request of Mr. & Mrs. Abraham Acosta to add a second dwelling Alexander St. unit at 7530 Alexander Street was noted. Mr. Abraham Acosta addressed the Council and further explained the request. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that waiver of the present requirements of the moratorium on the east side of the City be approved for the Acosta property to allow the second dwelling unitrequested, not to include variance of setbacks nor parking requirements. Adv. Committees, The Mayor announced the appointment of the following reassigned etc. and replacement for the reti red Council Members on the vari ous Council Advisory Committees for benefot of the new Council Members: i1 ! ~ -...: Golf Course Committee Sewer Committee Sidewalk/St.Tree Maint. Pol. Com. CitylSchool Liaison Committee ABAG General Assembly Rep. Bldg. Code Appeals Board Growth Management Committee: Old City Hall Adv. Committee Trans. Policy Commission Water Commission Solid Waste Co.Plan.Adv.Com. for So.Co.Zoning S.C.V.W.D. So.Zone Adv. Com. Inter-City Council Intergovernmental Council Chair. Hughan, Gage & Albert Chair. Link, Gage & Taylor Chair.Hughan, Valdez & Taylor Chair. Valdez, Taylor & Wood Albert; Alternate: Wood Ex-Officio Member: Hughan Chair. Hughan, Link & Albert Chair. Hughan; Link Hughan; Alternate Taylor Albert; Alternate Hughan Link Rep. Albert Link; Alts. Hughan, Hansen & Dorn Goodrich; Alternate: Link Goodrich; Alternate: Hughan 4658 ... Hous.: & Urb. Dev. Block -Grant Historical Heritage Committee S.C.Co. San Martin Plan. Com. Gilroy Foundation Committee Com. . Link Reo. Hughan Taylor Albert The Mayor presented a revised memorandum of Commissioner's terms expiring January 1, 1982, resiqnation of Harold Whitlock from the Library and Culture Commission and noted Councilman Gage's term on the Personnel Commission for anpointment to said commission at the December 21,1981, Regular Council'Meeting. The Mayor announced that December 16, 1981 at 5:00 p.m. would be the deadline for persons to present their name to him for Commis- sioner appointments. Historical Heri- The Minutes of the Historical Heritage Committee Meeting of tage Com. October 27, 1981, were noted. Sewer Farm #6 Annex. 81-11 Sr. C i t i zen s · Com. Ctr. Adj ournment Council requested a letter of thanks be forwarded retired Library & Culture Commissioner, Harold E. Whitlock. City Administrator Wood requested authorization to file an application with LAFCO for Reorganization of Sewer Farm No.6 Annexa- tion 81-11 (Walden Property). Motion was made by Councilman Link seconded by Councilman Taylor and carried that Staff be authorized to file an application with LAFCO for Reoqranization of Sewer Farm No.6 Annexation 81-11 (Walden Property) as recommenrled. City Administrator Wood ntoed that the estimate for replacing the formica sink counters at the Senior Citizens' Community Center with stainless steel is approximately $3,300.00; that grant funds in the amount of $3,000.00 are anticipated to be received for same. Motion was made by Councilwoman Albert seconded by Councilman Gage and carried that $300.00 estimated balance for said counters be used from City funds as recommended. City Administrator Hood noted a Leadership Seminar scheduled in the Council Chambers on December 7, 1981, from 2:30 to 6:30 p.m. and invitation to Council and Planning Commissioners for refreshments at approximately 5:00 p.m. in the Senior Citizens' Community Center. At 10:01 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~~&.~ / City Cl erk