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Minutes 1979/10/01 42'74 Roll Call In tro. New Employee Consent Calendar october 1, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:02 p.m. Present: Council Members: William E. Childers, Brian D. Cun- ningham, Roberta H. Hughan, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: Marion T. Link. The Mayor was unable to introduce new employee, Guy Boulard, Police Officer, absent. Councilman stout requested that Item "D" (Resolution Designating Through Streets within the City) be removed from the Consent Calendar ," "._L_-,--..c"-,,-d..'::'-, !'..,- ,.>,1 _." d. "....~ ~"..!.~.~:'_... ,,:'.,_. ,~.L'_;'.,',,_.,,- ..."""....~ ""'..... _.~. ~,i_": Ad"'. _..-_..,... . .~_..., . . . '<, "'_ ,<( ",. , . ,,--_.../.., .'."0 . _'".:.~".., ~".. 4275 ~ Motion was made by Councilman Pate seconded by Councilman Stout that the following items under the Consent Calendar, removing Item D, be approved by the following Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Pate, stout and Goodrich. Absent: Council Member: Link. - Minutes Approved the Minutes of the Regular Council Meeting of september 17, 1979; - I Ord. #79-26 re: Adopted Ordinance No. 79-26 repealing Section 15.105 of the City Through sts. Code and amending Sections 15.43 designating through streets, 15.49 designating Ohe~way streets, 15.104 establishing crosswalks, and 15.106 as to painting of stop bars. ..... ORDINANCE NO. 79-26 AN ORDINANCE OF THE CITY OF GILROY REPEALING SECTION 15.105 OF THE GILROY CITY CODE AND AMENDING SECTIONS 15.43 DESIGNATING THROUGH STREETS, 15.49 DESIGNATING ONE-WAY STREETS, 15.104 ESTABLISHING CROSSWALKS AND 15.106 AS TO PAINTING OF STOP BARS. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNC IL MEMBERS: NONE COUNCIL MEMBER: LINK; NOES: ABSENT: Res. #79-77 re: Adopted Resolution No. 79-77 designating one-way streets and One-way sts. alleys wi thin the City. & Alleys RESOLUTION NO. 79-77 - RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING ONE-WAY STREETS AND ALLEYS WITHIN THE CITY. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: (To become effective October 31, 1979.) AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNICL MEMBERS: NONE COUNCIL MEMBER: LINK; NOES: ABSENT: Damage Claims Denied damage claims of Mr. Mark Brittain and Mr. Eric Evanchak. Through Streets Councilman Stout requested that Item "D" re: through Streets be tabled to be discussed during Director of Public Works' recommendation to amend the through street status of Miller Avenue. 1980 weed Abatement Fire Chief Brittain presented and explained a report and recom- mendation on the bid received for the 1980 Weed Abatement Contract from C. J. Simms. Motion was made by Councilman stout seconded by Councilman Childers and carried that the 1980 Weed Abatement Contract Bid be awarded C. J. Simms as recommended. The Mayor deviated from the regular agenda in order to accommodate interested persons in the audience. ~ Lilly Gardens- City Administrator Wood noted a letter from American Development Am. Dev. Corp.Corporation in regard to Lilly Gardens and a subsequent letter dated ...... September 25, 1979. Mr. John Hoffmire, representing the applicant, addressed the Council and noted that the number of units proposed has been reduced from 100 to 84. ~"';tlI Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cunningham that the Council supports the concept of an exception to the Growth Management Policy and that American Development Corporation be allowed to proceed with their application before the Planning Commission. - 4276 pub. Hear. re: The Mayor stated that it was the Amend. Assess.a public hearing on a proposal to amend #8-Murray Avenue Improvement District 1975-5B. Ave. Imp. Proj. 1975-B time and place scheduled for Assessment No. 8 in the Murray ...... Director of Public Works-City Engineer Hansen presented and explained the staff report regarding said proposal. - The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from any- one in the audience. Motion was made by Councilman Pate seconded by Councilman Childers and carried that the public hearing be closed. - "'-' Res. #79-78 Discussion was had on the matter. Motion was made by Council- man Pate seconded by Councilman Stout that the reading of Resolution No. 79-78 confirming amended Assessment No. 8 in the Murray Avenue Improvement District 1975-5B be waived and that it be adopted. RESOLUTION NO. 79-78 A RESOLUTION CONFIRMING MENT DISTRICT 1975-5B - PASSED AND ADOPTED this vote: AYES: AMENDED ASSESSMENT - MURRAY AVENUE IMPROVE- ASSESSMENT NO.8. 1st day of October, 1979, by the following NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: CHILDERS, CUNNINGHAM, and GOODRICH NONE LINK HUGHAN, PATE, STOUT COUNCIL MEMBERS: Pub. Hear. Rezoning- Gurries Assoc. re: The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of Gurries Associates for .435 acres located at 8405 Monterey Street from M2 (General Industrial) to C2 (General Commercial) District. Planning Director Dorn presented and explained the staff report regarding same. ......., """"" The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning proposal. There was no comment from anyone in the audience. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the public hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that a proposed ordinance be introduced approving the rezoning request and that same be published by title and summary, noting that the Negative Declaration be amended to indicate that the proposed location is subject to conditions set forth by the Architectural and site Advisory Committee. Pub. Hear. re: EIR The Mayor stated that it was the time and place scheduled for Guidelines a public hearing to consider Environmental Impact Report Guidelines. Planning Director Dorn presented and explained the Staff report regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. There was no comment from anyone in the audience. ~ .."j Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the public hearing be closed. Discussion was had by Council on the matter. Councilwoman Hughan suggested that an amendment be included that historical build- ings be included under Discretionary Projects to require fees for same .. in locally designated structures. - Res. #79-79 IIIJI!'r.'''''''' - ....~""" ! ..... pub. Hear. re: Gen. Plan Draft EIR Res. #79-80 - - Bldg. Dept. - ~... - 4277 Motion was made by Councilwoman Hughan seconded by Councilman Childers that the reading of Resolution No. 79-79 be waived and that it be adopted approving the Environmental Impact Report Guidelines as pro- posed with the amendment that historical buildings be included under Discretionary Projects to require fees for same in locally designated structures. RESOLUTION NO. 79-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING AND ADOPTING ENVIRONMENTAL IMPACT REPORT GUIDELINES. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNC IL MEMBERS: NONE COUNCIL MEMBER: LINK NOES: ABSENT: The Mayor stated that public hearing to review the Report. it was the time and place scheduled for a General Plan Draft Environmental Impact Planning Director Dorn presented and explained a Staff Report regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Childers seconded by Councilman Cunningham and carried that the public hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 79-80 be waived and that it be adopted certifying that the MEIR is adequate with amendments as outlined and that all comments received from other agencies be included and additional information from Duncan & Jones in re: Solid Waste and Air Pollution. Amendments include: Page 13, "possible Impact of School Facilities due to Growth" and Page 21, line 5, Traffic congestion "and possible impaction of schools." It was further noted that the response to the State inquiry re: Solid Waste description was in error and a cor- rect response should be given. RESOLUTION NO. 79-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CERTIFYING THE MODIFIED ENVIRONMENTAL IMPACT REPORT FOR THE GENERAL PLAN OF THE CITY. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: LINK NOES: ABSENT: 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. A letter from Mr. Dale Connell, chairman of the Building Board of Appeals, was noted requesting additional building department staffing. Motion was made by Councilman stout seconded by Councilman Childers and carried that the matter be referred to the City Administrator for recom- mendation on same. The following informational items were noted with no separate discussion on same: Announcement of a city auction; Peninsula Division, League of California Cities, meeting of October 11, 1979; and Santa Clara County in re: to annual review of City Urban Service Areas. 4278 Plan. Com. Report 9/20/79 P & R Com. 9/25/79 Parks The report of the Planning Commission meeting of september 20, 1979, was noted. ..... The Minutes of the Parks and Recreation Commission Meeting of September 25, 1979, and the Senior Citizens' Advisory Council meeting of August 21, 1979, were noted. - City Administrator Wood requested that the matter of alcohol in specific City Parks be continued to the next regular Council meeting of October 15, 1979, since the Police Officer working on same is ill. ... Personnel Com. The report of the Personnel Commission Meeting of September 25, 9/25/79 1979, was noted and discussed. -- Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 9/4/79 September 4, 1979, were noted. Monthly Reports Disbursements Arch. & Site Cont. Adv. Committee Appts. Downtown District Res. #79-81 D :hOl-\ f,. e. V\ VlOV~ II 'P((,. ;(t'Y) CI S l-l! The Summary of Monthly Reports of August 1979 was noted. The Report of Disbursements from September 1, 1979, through september 30, 1979, was noted and discussed. City Administrator Wood presented a recommendation for re- appointment of Elaine Long and Bob Voorhees to the Architectural and Site Control Advisory Committee for terms expiring December 31, 1980 to coincide with other Commission terms. Motion was made by Councilman stout seconded by Councilwoman Hughan and carried that Elaine Long and Bob Voorhees whose te:t\ns on the Architectural and Site Advisory Committee expire October 6, 1979, be reappointed to said Committee for terms expiring December 31, 1980, as recommended. ..... Parking City Administrator Wood presented and explained a report of the Downtown Business Association in re: to Parking District and noted a Chamber of Commerce resolution in support of same. He recom- mended that this matter be referred to the City's Bond Consultant and Engineer to report back to Council for setting a public hearing to proceed with the formation of said Parking District as outlined. - Motion was made by Councilman stout seconded by Councilwoman Hughan and carried that Staff proceed with same as recommended. It was noted that Councilman Pate did not enter into the dis- cussion nor vote on any action on this matter due to an interest in said proposed parking district. City Administrator Wood presented and explained a recommenda- tion authorizing an application for a grant under Rdberti-Z'Berg Urban Open-Space and Recreation Program. Motion was made by Councilman Cunningham seconded by Council- man Pate that the reading of Resolution No. 79-81 be waived and that it be adopted authorizing filing of an application for a grant under Roberti-Z'Berg Urban Open-Space and Recreation Program. - RESOLUTION NO. 79-81 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE RQBERTI-Z'BERG URBAN OPEN- SPACE AND RECREATION PROGRAM. PASSED AND ADOPTED this 1st day of October, 1979, by the following vote: AYES: COUNCIL MEMBERS: HUGHAN, PATE, STOUT CHILDERS, CUNNINGHAM, and GOODRICH NONE LINK ... NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: - 4279 Nat'l Elec. Code Staff recommended tabling action in regard to the 1978 National Electric Code. Through streets Director of Public Works-City Engineer Hansen presented and ex- plained a report recommending to amend the through street status of Miller Avenue. Discussion was had in regard to the proposed resolution designating through streets within the City as presented under the Consent Calendar. Staff requested that said resolution be corrected and re-submitted to Council at a later meeting. Council concurred. Tract 5507- El Dorado #2 Director of Public Works-City Engineer Hansen presented a recom- mendation to accept the storm Drain System in Tract 5507, El Dorado No.2. Motion was made by Councilman stout seconded by Councilman Pate and carried that the Storm Drain System in Tract 5507, El Dorado No.2, be accepted as recommended. Historical Land Div. Bldg. Director of Public Works-City Engineer Hansen requested tabling a report on a request for division of land on a parcel containing a designated historical building, requested by the applicant. Historical Bldg.- Councilwoman Hughan recommended that the Christian Church at 150 Christian Fifth Street be designated a Historical Buildirig since same was built Church in 1857. Council requested that the owners be notified of Council's intent to declare same a historical building prior to action. Insurance City Administrator Wood presented and explained a report on the City's insurance premiums for liability, fire and auto insurance, recom- mending to purchase said premiums now due with the present broker through July 1, 1980, so that all will be due at the same time, and recommending the $2,500.00 deductible be approved. Motion was made by Councilman stout seconded by Councilman Cun- ningham and carried that the City purchase said insurance premiums due through July 1, 1980, with the $2,500.00 deductible from the present insurance broker. Kiwanis Annual City Administrator Wood noted that the annual Kiwanis Dinner Dinner honoring past and present City Council has been scheduled for October 8, 1979, at 6:30 p.m. Adjournment At 10:23 p.m., motion was made by Councilman Pate seconded by Councilman Childers and carried that the meeting be adjourned to Tuesday, October 2, 1979, at 8:00 p.m., re: the First Public Hearing on the Modified Draft General Plan. Respectfully submitted, ~~/~c~~~Y