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Minutes 1980/01/07 'r"~\ ""~' "'......,-"'........-.-......~.-.^-""" _,. ..... __~..,.... _ ... __ _~. ,.._ . '.' .~~ ..... Roll Call - 4333 January 7, 1980 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by John E. Pate, Mayor Protempore, at 8:04 p.m. Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, Robert E. Taylor and John E. Pate. Absent: Council Member: Norman B. Goodrich ..... Certificate of The Mayor Protempore presented a Certificate of Service to retired Service Planning Commissioner Richard S. Harrison. He tabled presentation of a Certificate of Service to retired Parks and Recreation Commissioner Daniel Matranga to await his presence. Consent Calendar Motion was made by Councilman Link seconded by Councilman Cunningham that the following items under the Consent Calendar be approved by the following Roll Call vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Taylor and Pate. Absent: Council Member: Goodrich. Approved the Minutes of the Reqular Council Meeting of December 17, 1979; Ord. #80-1 re: Adopted Ordinance No. 80-1 Providing for the issuance of Revenue Sewer Rev. Bonds. Bonds Minutes :IF;'-"':Jjf, ....., Ord. #80-2 Alcoholic Beverages in Parks ORDINANCE NO. 80-1 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF REVENUE BONDS PAYABLE SOLELY FROM THE REVENUES OF THE CITY SEWERAGE WORKS AND SYSTEM TO PROVIDE FUNDS FOR THE ACQUISITION, CONSTRUCTION AND FINANCING OF ADDITIONS, EXTENSIONS, REPLACEMENTS, AND IMPROVEMENTS THERETO; REGULATING THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR THEIR PAYMENT AND THE RIGHTS AND REMEDIES OF BONDHOLDERS THEREOF. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and PATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH; re: Adopted Ordinance No. 80-2 Amending Section 18.6 controlling intoxicating liquor in parks. ORDINANCE NO. 80-2 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 18.6 OF THE GILROY CITY CODE CONTROLLING INTOXICATING LIQUOR IN PARKS. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and PATE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: GOODRICH; Def. Dev. Agree. Approved a Deferred Development Agreement with Mussallem Development Mussallem Corporation; Dev. Corp. Claim-Garcia Denied a Personal Injury Claim of Mr. B. A. Garcia; - .. Solicitations. Approved a request of Santa Clara/Santa Cruz Counties Council of Camp Fire for waiver of solicitation permit to conduct annual product sale in January-February, 1980; and Hidden Glen #6 Approved plans and development agreement of Tract #6255, Hidden Tr. #6255 Glen No.6. Parking Dist. #2 Director of Public Works-City Engineer Hansen presented a report Bids on bids received for Parking District No.2 with Granite Construction being the low bidder in the amount of $46,770.00. Director of Public Works-City Engineer Hansen noted that the Project Engineer's estimate for said project to be $37,446.00 and the budget for same to be $30,300. He recommended that the bids be held pending the scheduled public hearing for said project, this evening. ....... 4334 Hv:".,.,_,__~.!l.:1!~:L, ___ _'" ...._~_.........~..::..__ ,~''''-:~ Mayor Norman B. Goodrich arrived at 8:08 p.m. and took his seat at the Council table. ...... New City Hall Purchasing Agen Reinsch presented a report on one (1) bid Furniture received for furniture for the New City Hall from Peninsula Office -- Supply in the amount of $21,060.00. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Pate and carried that the bid of Peninsula Office Supply in the amount of $21,060.00 for furniture at the New City Hall be awarded. Pub. Hear. re: Pkg.Dist.#2 .... The Mayor stated that it was the time and place scheduled for a public hearing on the project known as Parking District No.2. - Councilman Pate noted that he would be absent during any dis- cussion or action regarding the proposed district due to an interest in said project. Mr. George Lewis, Project Engineer, addressed the Council and outlined the district location and further explained the method used to compute said assessments. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed assessment district. Mr. Cal Ashford, property owner and businessman within the proposed district, addressed the Council and requested thirty (30) days extension to determine if a majority of the property owners are in favor of said district. The City Clerk noted that notices have been posted, published and mailed as required by the Gilroy City Code. Affidavits and certi- ficates of posting were published and mailed and on file in the City Clerk's office. A copy of the Engineer's Report prepared by the Engineer was filed in the City Clerk's Office on November 19, 1979, and has been to public inspection. The City Clerk reported that no written protests had been received. ... - Mr. Georg~ Lawton, 7509 Kentwood Court, property owner within the proposed district, addressed the Council. He further noted that he has worked with the Parking District Committee and Downtown Merchants' Association and that they have not claimed that 51% of the property owners within the proposed district are in favor of the formation of said District. He noted that thirty-three (33) property owners were polled and that 77%, or twenty-four (24) property owners of the respon- dents came back in favor of this parking lot location. City Administrator Wood explained procedures of formation of an assessment district. Mr. Philip D. Assaf, Bonding Attorney from the firm of Wilson, Morton, Assaf & McElligott, addressed the Council and further explained alternative procedures possible at this time. He further noted that all the required notices were published, posted and mailed in accord with the Gilroy City Code. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing on the proposed Parking District No. 2 be continued to February 4, 1980, at 8:00 p.m. Motion was made by Councilman Cunningham seconded by Councilman Link that the reading of Resolution No. 80-1 be waived and that it be adopted. - ----- RESOLUTION NO. 80-1 A RESOLUTION OF PRELIMINARY DETERtUNATION AND OF INTENTION TO t1AKE CHANGES AND MODIFICATIONS - PARKING DISTRICT NO.2. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR .. and GOODRICH NOES: COUNCIL MEMBERS: NONE .. ABSENT: COUNCIL MEMBER: PATE ~'Hll Pub.Hear. re: Rezoning- Martinez/ Cruz Assoc. ..... - - Pub.Hear. re: Zon.Ord. Amend. re: PUD's !f;P;...-"":ll - Salary & fication Study - -- D.'->."'" - 4335 The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Martinez & Cruz Associates, Inc., for a portion of a two (2) acre parcel located at the rear of 8955 Monterey Street, north of Liman Avenue, from R1 to HC District. Planning Director Dorn presented and explained the Staff Report and recommendation on said proposed rezoning. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. Dan Martinez, property owner, addressed the Council and further explained the request for said rezoning. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of a proposed ordinance rezoning said property be waived and that it be introduced and published by title and summary. Council Members: Albert, Hughan and Pate voted "no" on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposal to amend Section 52 and 55 of the Zoning Ordinance. Planning Director Dorn presented and explained 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 Pate seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council . Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the reading of a proposed ordinance be waived and that it be introduced and published by title and summary enacting Sec. 52 and amending Section 55 of the Zoning Ordinance. Councilman Cunningham voted "no" on the motion. Classi- City Administrator Wood presented the Employee Classification and Salary/Total Compensation Study completed by Wolf, Murphy, Foss, Inc., recommending that same should be referred to the Personnel Commission and Staff for study prior to Council IS final action on same. Mr. Gary Foss, addressed the Council further explaining the report and recommending that same be accepted as a completed report for presenta- tion to the Personnel Commission and Staff. The Mayor thanked Mr. Foss for a comprehensive report. The Mayor asked if there were any employees in the audience wishing to comment on said report and that additional comments from the employees at a later time would be permitted. ~1r. Merrill Zimmershead, Attorney representing the Gilroy Firemenls Association, addressed the Council noting that this association strongly disagrees with Mr. Foss's report recommending a full study of the Fire Department Employees by the Personnel Commission and requested that Council meet with the Firemen's Association at a later date in regard to a salary study. City Administrator Wood noted that he had no objection to Staff and Personnel Commission studying same subject to using any resources available to the City. City Administrator Wood recommended that the Personnel CommissioD review the classifications and pay ranges that would be attached thereto and any items of improvement be referred back to Council; said study to be completed by January 31, 1980. 4336 Mr. Ronald Mingus, Chairman of the Personnel Commission, addressed the Council and noted that the Personnel Commission did not consider the report because same was not finalized and approved and accepted by Council. ---- Council recommended that the Personnel Commission review the report and review classifications for completion of said study by January 31, 1980. The Mayor referred same to the Personnel Commission as recommended. - At 10:09 p.m., the Mayor declared a recess and reconvened the meeting at 10:17 p.m. .... Garbage Rate Increases A request of South Valley Refuse Disposal, Inc., requesting a rate increase was noted. - The Mayor referred same to the Council Advisory Garbage Committee, Chairman Cunnigham, Hughan and Pate. Councilman Cunningham noted that he would advise the Committee and City Administrator of a meeting date. Citati on Builders- Build-out Schedule A request of Citation Builders was noted for an additional build-out schedule allocation. A report of residential building permits issued for the past two (2) years was noted. Mr. Louie P. Tersini, land development manager, representing Citation Homes, addressed the Council and further explained said request, noting that they could use fifty (50) additional building permits but, at the present time to avoid disbanning all contractors, eighteen (18) units would be acceptable. The Mayor referred same to the Council Advisory Growth Management Committee (Chairperson Hughan, Link and Cunningham) for study and consideration of other builders to review unused building permit all oc a t i on s . ... Reclaimed Water- A letter from the County Farm Advisor in re: to use of reclaimed -- Golf Course water at the golf course was noted and referred to the Council Advisory Sewer Committee (Chairman Link, Pate and Taylor) for study of same on January 15, 1980, at 3:00 p.m. Res. #80-2 re: A letter from the Attorney General was noted requesting support Crime on his proposal to combat increasing serious crime. Motion was made by Councilman Taylor seconded by Councilwoman Hughan that the reading of Resolution No. 80-2 be waived and that it be adopted. RESOLUTION NO. 80-2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATIVE TO CALIFORNIA CRIME WATCH. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEt1BERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE S.C.Co.Housing & Industry Task Force A letter from the City of Morgan Hill was noted in re: to forma- tion of the South County Housing and Industry Task Force. Discussion was had in regard to the proposed size of said Committee. ..... Motion was made by Councilman Taylor seconded by Councilman Cunningham and carried that the Council accepts the recommendations from Morgan Hill on Morgan Hill and Gilroy representatives to include First District County Supervisor Susanne Wilson and that the proposed Committee be formed and proceed as recommended. - Res. #80-2 Crime re: City Administrator Wood noted a request of Representative A. McAlister for a resolution in regard to the Attorney General IS pro- posal on crime. It was noted that a copy of Resolution No. 80-2 would be forwarded Representative McAlister. ... - 433'7 School Impact A request from Western Financial Group in regard to payment of Fees school impaction fees was noted. Director of Public Works-City Engineer Hansen further explained that this would involve thirty-six (36) building permits. Discussion was had by Council. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the request of Western Financial Group be denied. Councilman Link voted "no" on the motion. - ...... ..... State Sales Tax Transition Zones It was noted that the Planning Department did not accept the plans and same were sent back to the architect for revision and that same could not be considered as being in process prior to enaction of Impaction Fees. A report from the League of California Cities in regard to distri- bution of State Sales Tax was noted. City Administrator Wood noted that June 3, 1980, would be the next possible time that said matter could be considered at an election. Discussion was had on same by Council. It was noted that same could be supported or opposed but that Council did not wish same to be placed upon a ballot at an election. Council concurred that the matter was considered but the City would not place same on a ballot. A letter from the Board of Supervisors in regard to Transition Zones was noted. Res. #80-3 re: A letter from Mr. Earl K. Wilson was noted requesting that the Historical structure at 7539 Eigleberry Street be designated as an Historical Building. Bldg.-Eigle- berry St. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 80-3 be waived and that it be adopted. ~~,,;,~ - ..... P & R Com. 12/18/79 .... RESOLUTION NO. 80-3 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE BARSH INGER HOUSE A HISTORICAL BUILDING. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR, and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The following informational items were noted with no separate discussion on same: Letter from Santa Clara County in response to Gilroyls H.C.D. Grant applications; Local Agency Formation Commission's role under recommendations of the County Industry and Task Force Report; Inter-City Council Meeting of January 10, 1980; and St. Joseph's Welfare Center thanking the City for donation for the Poor at Christmas time. The Minutes of the Parks and Recreation Commission Meeting of December 18, 1979, and Minutes of the Senior Citizens' Advisory Council Meeting of November 20, 1979, were noted. Personnel Com. The Report of the Personnel Commission Meeting of December 18, 12/18/79 1979, was noted. ~"h"l. Fuel Service Person Clas- sification - Personnel Director Reinsch further explained the recommendation for approval of a classification for Fuel Service Person on a part-time hourly basis at $3.00 - $3.50 per hour. Discussion was had in regard to the minimum wage law, noting that same did not affect the City. Motion was made by Councilman Pate seconded by Councilman Link and carried that the classification of Fuel Service Person at the hourly rate recommended be approved. 4338 Pl an. Com. 1/3/80 Condominium Policy Variance re: J.K.Orndoff Monthly Reports Disbursements The Report of the Planning Commission Meeting of January 3, 1980, was noted. ... A recommendation for amendments to condominium and condominium conversion policies requested by Staff by the Planning Commission and Council was noted and further explained by Planning Director Dorn. - Discussion was had on same by Council. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the recommended amendments on the Condominium and Condominium Conversion Policies be approved and adopted with a change in the vacancy rate from 3% to 5%. .... Councilwoman Hughan inquired of the variance request granted James K. Orndoff to allow a width reduction for residential parking spaces on property located at 7130 Hanna Street between Eighth and Ninth Streets. Discussion was had on the matter. - Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carri ed that a Headmg date of January 21, 1980, at 8:00 p.m. be set to consider an appeal on decision of Planning Com- mission granting a variance to James K. Orndoff. The Summary of Monthly Reports of November 1979 was noted. City Administrator Wood noted that the donation to St. Josephls Welfare Center for the Poor at Christmas time was from the Henry Miller Poor of Gilroy Fund and not the City's funds. The Report of Disbursements from December 1, 1979, through and including December 31, 1979, was noted and discussed. The Mayor sug- gested that Council Members telephone the Finance Department for inquiries in regard to disbursements to alleviate discussion of same if questions can be answered at that level. ..... Parking Enforce- A request for a Parking Enforcement employee was noted and City ment Emp. Administrator Wood explained that it has been recommended that the City retain the present part-time employee for this position at a monthly salary of approximately $1,060.00. - Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that a full-time Parking Enforcement Employee be hired at the recommended salary. M.T.C. Bicycle A request to amend the 1979-80 Budget to accommodate t1.T.C. Paths Grant Bicycle Paths Grant in the amount of $6,900.00 to both the revenue r and expenditure budget was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the 1979-80 Budget be amended as recommended to accommodate the M.T.C. Bicycle Paths Grant. Res. #80-4 re:- ---- City Administrator \>Jood presented a recommendation for increase Sewer Rate in rates for the new domestic wastewater plant and system. Increase Motion was made by Councilman Link seconded by Councilman Cun- ningham that the reading of Resolution No. 80-4 be waived and that it be adopted. RESOLUTION NO. 80-4 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM CHARGES FOR SEWER RATES. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ..... - ... Council Advisory City Administrator Wood presented a report on pending Council Committees Advisory Committee Meetings. .. Council set January 11, 1980, at 2:00 p.m. for the Park Main~ tenance Study Committee (Chairperson Hughan, Cunningham and Link). 4339 ~... Councilman Pate requested permission to resign from the Advisory Garbage Committee. The Mayor appointed Councilman Link to replace Councilman Pate as requested. Council set January 14, 1980 at 3:00 p.m. for a Joint Sewer Committee Meeting with Morgan Hill representatives. It was noted that the City Administrator would tour the facilities with Morgan Hill representatives on said date at 2:00 p.m. prior to the meeting. Set January 17, 1980, at 2:00 p.m. for a Growth Management Committee Meeting (Chairperson Hughan, Cunningham and Link). Also set same date and time for the Garbage Advisory Committee to meet since the same Council Members are on both Committees. It was noted that the Garbage Committee would meet first to allow for a representative from South Valley Refuse to be present at said meeting. - - ..... Res. #80-5 ABAG Pop. Est. re: City Administrator Wood presented a request of ABAG for endorsing') their REvised Population Estimates. Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 80-5 be waived and that it be adopted. RESOLUTION NO. 80 - 5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ENDORSING ASSOCIATION OF BAY AREA GOVERNMENTS POPULATION PROJECTIONS FOR THE BAY AREA. PASSED AND ADOPTED this 7th day of January, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: CUNNINGHAM ABSENT: COUNCIL MEMBERS: NONE Res. Dev. Ord. A report recommending method of determining pipeline applications under the Residential Development Ordinance was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that said matter be referred to the Council Advisory Growth Management Committee for recommendation on same. ~-,.""" - Sr. Bldg. Insp. A report requesting hiring a Senior Building Inspector in lieu of previously authorized Inspector position was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Senior Building Inspector position as recommended be approved and referred to the Personnel Commission. Sewer Plant Contract Amendment City Administrator Wood requested a contract amendment with Consoer, Townsend and Associates for a Plan of Operation for the New Sewer Plant as required by the State. Motion was made by Councilman Link seconded by Councilman Pate and carried that the contract amendment be approved as presented for a Plan of Operat~on for the New Sewer Plant. Planning Projects Planning Director Dorn inquired of Council notation of the report on Priority Planning Projects for 1980. Council noted that same were noted and approved under the Planning Commission report. Mussallem Def. Council inquired of the memorandum on the Council table in regard Dev. Agree. to Mussallem Deferred Development Agreement. It was noted by Staff that same was omitted from the Agenda Packet and approved under the Consent Calendar. ...... Adj ou rnemtn At 11:27 p.m., the Mayor adjourned the meeting. Respectfully submitted, .~~~. /9!f~ .... ~"" -