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Minutes 1979/10/15 4290 october 15, 1979 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Brian D. Cunningham, ROberta H. Hughan, Marion T. Link, John E. Pate, David V. stout and Norman B. Goodrich. Absent: Council Member: William E. Childers. ~~,.__'_,"'" ._' _t."" .~.~ ~_. . ,_.,~" . , , ~ '_~ .,,-'__ .__ _. '., .... .,< ,'.-, _ ~ ...,-~._....... ..:: ".,. ,.,.1 4> .........-...~, " -'''''''' """" ,'. ."'.1 1IJIIlfi..... Intro. New Employee -- Consent Calendar Minutes /Il"'.~ ..... Def.Dev. Agree. re:Gillerman & M.Espinosa Gurries Assoc. rezoning Salary Increases !Ill!'t..'..'''''' Pub.Hear. re: Castle Re- zoning -""h'illi HCD Pub.Hear. Pub .Hear. re: Res.Dev.Ord. 4291 The Mayor introduced a new employee, Robin McGinnis, Junior Planner. Motion was made by Councilman Cunningham seconded by Councilman Pate that the following items under the Consent Calendar be approved by the following Roll Call vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, stout and Goodrich. Absent: Council Member: Childers. Approved the Minutes of the Regular Council Meeting of October 1, 1979; Approved the Minutes of the Adjourned Regular Council Meeting of October 2, 1979; Approved Deferred Development Agreements of Gillerman Corp. and Manuel Espinosa; Noted a recommendation to continue adoption of Ordinance rezoning property of Gurries Associates located at 8405 Monterey Street (.435 acres) from M2 (General Industrial) to C2 (General Commercial) District; Approved the following Salary Achievement Increases for Nine (9) City Employees, eight (8) effective November 1, 1979: John Lara, Police Officer, Range 32.5 from step D, $1,539 to Step E, $1,616; Julie Ines, Clerk Typist I, Range 22.5 from step A, $822 to Step B, 861; Rhonda Pellin, Clerk Typist II, Range 25 from Step B, $971 to step C, $1,016; Evelyn Peterson, Clerk Typist I, Range 22.5 from step C, $903 to Step D, $945; Louis Palacios, Engineering Aide Apprentice, Range 22.5 from Step B, 861 to Step C, $903; David Gonzalez, Garage Assistant, Range 24.5 from Step A, $903 to step B, $945; Len Caredio, Auto Equipment Mechanic II, Range 28.5 from Step C, $1,207 to Step D, $1,266 and bill Headley, Park Supervisor, Range 33 from Step C, $1,502 to step D, $1,577; and one (1) effective October 1, 1979: Lorna Jones, Clerk Typist Aide, Range 20.5 from step A, $748 to Step B, $786; set November 5, 1979, as a Public Hearing date on a rezoning request of Michael C. Castle (Caswil) for property located at 8670 Murray Avenue, on the east side of Murray Avenue between Gavilan Court and Burke Drive from IZ (Interim Zone) to Rl (Single Family Residence) District; set November 5, 1979, as a Public Hearing date to adopt Citizens' Participation Plan and Review Proposed HCD Projects and set November 19, 1979, as a Public Hearing re: Continued Review and Adopt HCD Budget; set November 5, 1979, as a Public Hearing date to consider a Resi- dential Development Ordinance; Damage Claims Denied the following Damage Claims: 1) Larry Dean Stiers; 2) request for permission to file late claim for Mr. Ron stiers; and 3) request for permission to file late claim for Larry Dean Stiers and Renee stiers; Proj. 79-2 Uvas Pk. Dr. & 10th st. Impts. Res. #79-82 Thru Sts. - -- - Approved acceptance of improvements on Project 1979-2 Uvas Park Drive and Tenth Street Improvement; and Adopted Resolution No. 79-82 Designating Through Streets within the City. RESOLUTION NO. 79-82 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING THROUGH STREETS WITHIN THE CITY. PASSED AND ADOPTED this 15th day of October, 1979, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBER: CHILDERS NOES: ABSENT: ~",,,:-,___,,,",,~,,,,,,,~,,,,,,,''''_''''"~' ......"'. .V 4292 Bids re: Mow- ing Machine Pub.Hear. re: Weed Abate. Res. fI9-83 Ice Cream Vend.Veh. PUD-lst & Wren Extn. Smoking A Report on bids for a replacement mowing machine was noted and recommendation to award the bid of H. V. Carter Co., Inc. in the amount of $8,082.61 for same. ..... Motion was made by Councilman stout seconded by Councilman Link and carried that the bid of H. V. Carter Co., Inc. in the amount of $8,082.61 for the replacement mowing machine be awarded as recom- mended, and that the 1979-80 Budget be amended to allow for said purchase. -- The Mayor stated that it was the time and place scheduled for a Public Hearing to Confirm the Report of the Fire Chief on the Weed Abatement Program. - The Report of the Fire Chief was noted and explained by the Fire Chief. - The Mayor asked if there was anyone present in the audience wishing to speak for or against the program. 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. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 79-83 be waived and that it be adopted. RESOLUTION NO. 79-83 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING 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 GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. PASSED AND ADOPTED this 15th day of October, 1979, by the following vote: AYES: ..... COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBER: CUNNINGHAM, GOODRICH NONE CHILDERS HUGHAN, LINK, PATE, STOUT and .... City Administrator Wood presented and explained a City Code requirement of section 15.62 specifically requiring Council approval of Ice Cream Vending vehicles to be located at a specific location. Requests of Colombo's Ice Cream, Alfonso Angarita, owner, and Melody Ice Cream were noted stating an impossibility to locate at a specific location for their type of business. Motion was made by Councilman Link seconded by Councilman stout and carried that business licenses be approved and issued to Colombo's Ice Cream and Melody Ice Cream with no specific location. Council noted that Staff woul!d study the City Code Section 15.62 for possible amendment to same. A request of Mr. John Filice, attorney, was noted in regard to an extension of Cl, PUD at First Street and Wren Avenue. Mr. Tim Filice, representing Filice Estate Vineyards, addressed the Council and further explained the request. Motion was made by Councilman Stout seconded by Councilman Link and carried that a one (1) year extension of the Cl, PUD request of Filice Estate Vineyards for property at First and Wren Avenue be granted as requested. -. - Motion was made by Councilman stout seconded by Councilman Pate and carried that the letter of Environmental Health Committee (Santa Clara County) in re: to limiting smoking in certain places and a letter from the American Lung Association supporting same be tabled. - - New City Hall ~ Growth Manage. Policy ....... ...... Plan. Com. Report 10/4/79 Transition 701 Grant study Workers' Compo Claims Bldg. Inspec t. Division Burglary Report Auction ..... ..... - ...... M.Nowakowski- Dev.Fees 4293 A letter from the Gilroy Masonic Lodge was noted requesting Council permission to lay a cornerstone at the new Gilroy City Hall. Council tabled action on same in order to allow time to contact the City employees to determine if they were interested in laying said cornerstone, participating in same, or not interested prior to action regarding the Masonic Lodge request. Tabled a letter from the Building Industry Association comments in regard to the Growth Management Policy to the November 5, 1979, Regular Council Meeting at the time the Public Hearing is held regarding resi- dential growth ordinance. The following informational items were noted with no separate discussion on same: County Librarian in re: to Food stamp Distribution Program; supervisor Rod Diridon in re: to Denial of Commercial Logging permits in South Santa Clara County; and Report on new County Animal Control Ordinance. The Report of the Planning Commission Meeting of october 4, 1979, was noted. A request for appointment to a Citizens' Committee for the Transi- tion 701 Grant study was noted. Motion was made by Councilman stout seconded by Councilman Pate and carried that the Mayor be authorized to make said appointments. A request for a budget amendment for payroll computer change to accommodate Workers' Compensation as required by Federal Law was noted. Motion was made by Councilman Pate seconded by Councilman stout and carried that the budget amendment be approved to allow for the payroll computer change requirement. police Officer Timewell, representing the Gilroy Police officers' Association, addressed the Council and further requested that City Em- ployees with claims for the previous three (3) years be reimbursed for the taxes paid on said claims. Council authorized the City to reimburse employees eligible for this refund for the previous three (3) years, noting that eligible employees should apply for said reimbursements. City Administrator Wood presented and explained a report on the Building Inspection Division Staffing. Motion was made by Councilman Link seconded by Councilman Pate and carried that the City Administrator be authorized to proceed with Alternate No. 1 as recommended to hire a part-time retired building inspector to perform plan check duties and if not available, to proceed with Alternate No. 2 to recruit a full-time inspector; further requesting that the City's costs for having plan checking done outside of the City be checked with the plan check fees revenue received for same. A report on Burglary Statistics was noted. Purchasing Agent Reinsch presented a report of items to be auc- tioned on Saturday, October 27, 1979, at 10:00 a.m. at the City Corporation yeard, 630 Old Gilroy Street. Discussion was had regarding City employees purchasing items at said auction. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan and defeated by the following Roll Call vote to allow City Employees to purchase items at the City Auction: Ayes: Council Members: Cunningham and Hughan; Noes: Council Members: Link, Pate, stout and Goodrich; Absent: Council Member: Childers. Director of public Works-City Engineer Hansen presented and explained a request for reduction of development fees for Michael Nowa- kowski on a triangular piece of property located on the south of Pacheco Pass Highway, on the northeas4 by Renz Lane, and on the west by P. G. & E power transmission line. 4294 Parks Mr. Michael Nowakowski addressed the Council and further ex- plained the request. - Discussion was had on the matter. - Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the Building Department be instructed to work out a development schedule based on their original recommendation, everything remaining the same which specifically means the 340 front foot water and storm drain charges, and that Items 4 and 5 not be deferred but that the street be improved, curbs and gutters be in- stalled, and street be improved for the full length of the frontage and any necessary repair work to the center of the street. - - It was noted that the fees for Items 4 and 5 be utilized for curb and gutter for the entire length of the frontage, the shoulder be paved and that the street be completed to the center of the street to bring it up to a reasonable street. Monies previously paid by the state would in effect be waived. It was further noted that the same kind of proposal would be required on the north property. Parks and Recreation Director Ayer explained a proposed ordi- nance controlling the consumption of alcoholic beverages in certain city parks. Heard from Police Officer Timewell in regard to same. Motion was made by Councilman stout seconded by Councilwoman Hughan and carried that Council supports the proposal in principle and that the City Attorney be instructed to prepare an ordinance for Coun- cil review. weed Abatement City Administrator Wood reported on the weed Abatement Con- tract previously awarded to C. J. Simms noting that said bid was opened in error and that, subsequently, another bid had been received on the correct bid opening date. He recommended that the two (2) ... bids be rejected and a new bid opening date be set and readvertised. Golf Course Committee Old City Hall Lease Gen. Plan Project 566 Police Vehicle ... Motion was made by Councilman Pate seconded by Councilman Link and carried that all weed Abatement bids be rejected and that bids be readvertised for same as recommended. City Administrator Wood requested a meeting with the Golf Course Advisory Committee and the Golf Course Board of Directors representa- tives in regard to the final draft agreement scheduled for october 18, 1979, at 10:00 a.m. Council concurred. City Administrator Wood requested the Old City Hall Advisory Committee to meet on October 23, 1979, at 2:00 p.m. to review pro- posed leases received for the Old City Hall and 3:00 p.m. to meet with the proposed lessees. Council concurred. City Administrator Wood noted that the General Plan Consultant, Mr. Douglas Duncan, would not be able to attend General Plan Review meetings if scheduled on OCtober 23, 26 or 31, 1979. Council agreed that these review meetings can be scheduled without the Consultant; that his assistant could attend any scheduled meetings. Coundil agreed that a General plan Review Meeting would be set for October 22, 1979, and subsequent meetings scheduled thereafter until the review is completed. ... - City Administrator Wood reported that organizations from the Chesbro Dam and Morgan HIll areas will be opposing the 566 Project as noted by John O'Halloran. He further noted that Gilroy might possibly be required to be the spokesman for this project in an effort to try to get it proceeding again. He noted that he would advise Coun- cil of any further happenings on the matter. - Purchasing Agent Reinsch recommended purchase of one (1) used vehicle from the Hertz Corp. in the amount of $5,380 for the Police Department. ...... Paraphanelia Ord. Adjournment 4295 Discussion was had regarding purchase of a new vehicle vs. a used vehicle. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that said purchase be authorized as recommended. Coun- cilman stout voted "no" on the motion. The City Attorney reported on an ordinance of the City of Cuper- tino regarding display of paraphanelia which was included in the Council agenda packets for Council review. Council instructed the City Attorney to prepare an ordinance for Council review. At 9:53 p.m., motion was made by Councilman Pate seconded by Councilman Link and carried that the meeting adjourn to October 22, 1979, at 8:00 p.m. Respectfully submitted, dtLJ ~ b. d !i;;;;;j~ ~ City Clerk ~~