Minutes 1980/01/21
4340
January 21, 1980
Gilroy, California
lllIIIII
The Regular Meeting of the Gilroy City Council was called to
order by His Honor Norman B. Goodrich at 8:00 p.m.
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Present: Council Members: Sharon Albert, Roberta H. Hughan,
Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich.
Absent: Council Member: Brian D. Cunningham.
Intro. New Emp. The Mayor introduced new employees Mark Wayne Good, Police Offi-
cer, and Michelle Gough, Police Cadet (Parking Enforcement Employee).
Roll Call
Consent
Calendar
Minutes
Salary
Increases
Ord. #80-3
Rezoning
Cruz/Mar-
tinez
Ord. #80-4
Amend. Zone
Ord.Sec.52
& 55
....
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The City Attorney noted that under Item F, under the Consent
Calendar, same would amend Section 19.79 and repeals Sections 19.80,
19.81, 19.82 and 19.87 of the City Code regarding Sewer Rates.
Councilman Taylor noted that there was an error on Page 7 of
the Council Minutes of the January 7, 1980, Council Meeting indicating
that he was a member of the Council Advisory Committee for Staffing
Future Maintenance of Parks and Public Ways and that Councilman Link
is in fact the other member.
Motion was made by Councilman Link seconded by Councilman Pate
that the following items under the Consent Calendar be approved with
correction as noted by the following Roll Call Vote: Ayes: Council
Members: Albert, Hughan, Link, Pate, Taylor and Goodrich.
Approved the t1inutes of the Regular Council Meeting of January
7, 1980, as corrected;
Approved Salary Achievement Increases for the following two
(2) City Employees: Robert Cooke, Police Officer, Range 32.5 from
Step A, $1,329 to Step B, $1,396 and Brooks Hall, Public Works Main-
tenance Aide, Range 21.5 from Step B, $822 to Step C, $869;
....
Adopted Ordinance No. 80-3 amending the zoning ordinance by
rezoning the rear one (1) acre at 8955 Monterey Street from R1 (Single
Family Residence) to HC (Highway Commercial) District.
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ORDINANCE NO. 80-3
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING THE REAR ONE (1) ACRE, MORE OR LESS, OF THAT 2.05
ACRE PARCEL AT 8955 MONTEREY STREET FROt1 R1 (SINGLE FAt1ILY RESIDENCE)
DISTRICT TO HC (H~GHWAY COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 21st day of January, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
Adopted Ordinance No. 80-4 enacting Section 52 and amending
Section 55 of the Zoning Ordinance pertaining to Planned Unit Develop-
ments.
ORDINANCE NO. 80-4
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 52 AND AMENDING
SECTION 55 OF THE ZONING ORDINANCE PERTAINING TO PLANNED UNIT DEVELOP-
MENTS.
PASSED AND ADOPTED this 21st day of January, 1980, by the following
vote:
AYES:
....
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COUNCIL MEMBERS:
ALBERT, HUGHAN,
GOODRICH
NONE
CUNN I NGHAt1;
LINK, PATE, TAYLOR and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Dev.Agree. re: Approved a development agreement with Filice Estate Vineyards
Filice Est. for a portion of Ranch Lot No. 16/Las Animas Ranch, Map No.7;
Vineyards
...
........
",.c'" <'" "-~'_ ~"
<'-,
4341
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Ord. #80-5 re: Adopted Emergency Ordinance No. 80-5 amending and repealing Code
Sewer Rates Sections pertaining to sewer rates allowing same to be established by
resolution.
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filii""'"
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ORDINANCE NO. 80-5
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 19.79 OF THE GILROY
CITY CODE SO AS TO PROVIDE THAT ALL CHARGES RELATING TO SANITARY SEWER
SERVICE SHALL BE ESTABLISHED BY RESOLUTION OF THE GILROY CITY COUNCIL,
AND REPEALING CONFLICTING PROVISIONS.
PASSED AND ADOPTED this 21st day of January, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
Res. #80-7 re: Adopted Resolution No. 80-7 establishing sewer rates effective
Sewer Rates March 1, 1980.
, .
Easter Seal
Solicitation
Pub.Hear. re:
Hillside
Zone Dist.
Pub. Hear. re:
rezoning-
H.Kong
Ord. #80-6
Rezoning-
Gurri es
Assoc.
Las Animas
Asphalt
Paving Bid
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Hearing re:
Orndoff
Variance
.......-.....
RESOLUTION NO. 80-7
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES
FOR SANITARY SEWER SERVICE.
PASSED AND ADOPTED this 21st day of January, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM;
Approved a request for waiver of a solicitation permit to the
Easter Seal Society;
Set February 4, 1980, as a Public Hearing date for Zoning Ordinance
amendment to Section 50 to provide a Hillside Zoning District;
Set February 4, 1980, as a Public Hearing date on a request of
Henry Kong, Century 21 Realty, to rezone property at 7960 Princevalle
Street between First and Second Streets from R1 (Single Family Residence)
to C1 (Neighborhood Commercial) District;
re: Adopted Ordinance No. 80-6 rezoning a triangular 0.435 acre parcel
at 8405 Monterey Street (Gurries Assoc.) located at the northwest corner
of Welburn Avenue at Monterey Street from M2 (General Industrial) District
to C2 (General Commercial) District.
ORDINANCE NO. 80-6
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A TRIANGULAR 0.435 ACRE PARCEL AT 8405 MONTEREY STREET
FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO C2 (GENERAL COMMERCIAL) DISTRICT.
PASSED AND ADOPTED this 21st day of January, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
City Administrator Wood presented and explained a report on bids
received for Las Animas Park Asphalt Paving recommending approval of the
base bid to Granite Construction Company in the amount of $7,990.00 and
deferring Alternate #1 and #2 asphalt work for maintenance area.
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the base bid for asphalt paving at Las Animas Park be
awarded to Granite Construction Company in the amount of $7,990.00 as
recommended.
The Mayor stated that it was the time and place scheduled for a
hearing on an appeal of the City Council on the decision of the Planning
Commission granting a variance to James K. Orndoff to allow a width
reduction for residential parking spaces on property located at 7130 Hanna
Street between Eighth and Ninth Streets.
Planning Director Dorn presented and explained a Staff report on
said matter.
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Res. #80-8
League
Bulletin
Williamson
Bi 11
Plan. Com.
1/17/80
".fJ.."J:!I.,f.. .....1 ,,-.,2i1Ll.l~~~,
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter.
...
Mr. James K. Orndoff, applicant, addressed the Council noting
that the required alley dedications would be completed. --
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.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the hearing be closed. Discussion was had on the
matter.
...
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Director of Public Works-City Engineer Hansen further explained
the alley dedications to be required by the City if the variance is
granted.
Motion was made by Councilman Pate seconded by Councilman Link
that the reading of Resolution No. 80-8 be waived and that it be adopted
denying the requested variance.
RESOLUTION NO. 80-8
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DISAPPROVING ON APPEAL
RESOLUTION NO. 80-3 OF THE PLANNING COMMISSION GRANTING VARIANCES FOR
PARKING AND REAR YARD SETBACK AT 7130 HANNA STREET.
PASSED AND ADOPTED this 21st day of January, 1980, by the following
vote:
AYES:
COUNCIL MEMBERS:
ALBERT, HUGHAN, LINK, PATE, TAYLOR and
GOODRICH
NONE
CUNNINGHAt1
NOE S:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
The Mayor asked if there was anyone in the audience wishing
to speak on any matter not on the agenda.
Mr. Bill Glines, San Jose Mercury News reporter, introduced
Ms. Diana Diamond from the Editorial Department of the San Jose
~1ercury News.
.......
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Dr. Robert Infelise, Superintendent of Schools, addressed the
Council and inquired if there would be a discussion in regard to the
new build-out assignments as recommended by the Residential Development
Ordinance Sub-Committee. Council requested that same be agendized on
the February 4, 1980, Council Meeting.
The League of California Cities Legislative Bulletin, dated
January 11, 1980, was noted, recommending following usual procedure
and agreement to oppose Compulsory and Binding Arbitration (SB 888).
A notice of hearing from the County of Santa Clara in re: to
inclusion of properties into the Agricultural Preserve (Williamson
Act Bill) was noted. Council had no opposition to same.
The following informational items were noted with no separate
discussion on same:
Announcement of Ted Carpenetti's retirement dinner;
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Notice of Award of Work on the Santa Teresa Boulevard Improve-
ment Project; and
..
Announcement of I.P.A. Traininq Program.
The Report of the Planning Commission Meeting of January 17,
1980, was noted.
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Planning Director Dorn further explained the Landscape Mainten-
ance Study recommending consideration of same by Council.
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Motion was made by Councilwoman Hughan seconded by Councilman
Pate and carried that Staff be authorized to proceed with implementation
of Items 1, 2, 3 and 4, as recommended regarding Landscape Maintenance
Policy.
Personnel Com. The Report of the Personnel Commission Meeting of January 15, 1980,
1/15/80 was noted.
If/lk"'''''
Chf. Bldg. Insp. Personnel Director Reinsch presented and explained a recommendation
to change the title of Senior Building Inspector to Chief Building Inspector
at Range 35.6 from Step $1,616 to $1,962 and requesting a budget amendment
to allow for said position.
.......
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the title change of Chief Building Inspector be approved
at the salary recommended and that a budget amendment be approved to allow
for said position.
Classification Personnel Director Reinsch noted that the Commission is studying
& Salary the classification and salary study and hopefully will report to Council
Study on same at their February 4, 1980, meeting.
Uvas Creek Land City Administrator Wood presented and explained a report on a
Preserve proposed Uvas Creek Land Preserve Agreement with the County of Santa Clara.
Parks and Recreation Director Ayer further explained same and gave
a slide presentation on the matter.
Discussion was had by Council on the matter.
Mrs. Joan Harrison, addressed the Council and strongly recommended
approval of the proposed agreement.
Council recommended that Section 5.b. be further clarified and
the word, "present" natural condition be inserted in the agreement.
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Councilwoman Hughan noted that she had an interest in a portion of
the subject property but since the City would not be purchasing any of
the lands, she would vote on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman Pate
and carried that the Mayor be authorized to execute the Uvas Creek Land
Preserve Agreement on behalf of the City.
Police Chief A request for authority to recruit a new Chief of Police was
noted that same would be discussed at an Executive Session following
this meeting.
Res. #80-9 Motion was made by Councilman Pate seconded by Councilman Taylor
El Roble Pk. that the reading of Resolution No. 80-9 be waived and that it be adopted
authorizing Notice of Completion for El Roble Park.
,.......
RESOLUTION NO. 80-9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ACCEPTING COM-
PLETION AND DIRECTING DIRECTOR OF PARKS AND RECREATION TO FILE NOTICE
OF ACCEPTANCE OF COMPLETION - EL ROBLE PARK CONSTRUCTION PROJECT 1979.
PASSED AND ADOPTED this 21st day of January, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: CUNNINGHAM
,f
....
01 d City
Hall
City Administrator Wood presented and explained a report on a
proposed lease form for the Old City Hall. He noted that in order for the
City to receive funds from an approved Grant that bids for said lease would
have to be finalized by June 30, 1980; that the City would make every
effort to meet this deadline.
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4344
Motion was made by Councilman Pate seconded by Councilwoman
Hughan and carried that Staff be authorized to proceed with rehabilita-
tion of the Old City Hall and that the lease form as presented be
approved eliminating all reference to an easement in said lease agree~
ment with the City maintaining the right to place an historical ease-
ment on same if it so desires.
..
.....
Admin. Aide City Administrator Wood presented a recommendation to hire a
Position part-time Administrative Aide and approve a budget amendment to allow
for same.
Res. #80-10
5f-o/) 5191'1}
Odor Control
Plan - Ind.
Sewer
..-.-
Motion was made by Councilman Link seconded by Councilman Pate
and carried that Staff be authorized to hire a part-time Administrative ...
Aide and that the Budget be amended to allow for same as recommended.
Director of Public Works-City Engineer Hansen recommended authori-
zation to install a stop sign at the intersection of Miller Avenue and
Mesa Road. Motion was made by Councilman Link seconded by Councilman
Taylor that the reading of Resolution No. 80-10 be waived and that it
be adopted authorizing installation of a stop sign at the intersection
of Miller Avenue and Mesa Road as recommended.
RESOLUTION NO. 80-10
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING AN
ARTERIAL STOP AT THE ENTRANEE OF MILLER AVENUE AT ITS INTERSECTION
WITH MESA AND THOMAS ROADS IN THE CITY OF GILROY.
PASSED AND ADOPTED this 21st day of January, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, HUGHAN,
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: CUNNINGHAM
LINK, PATE, TAYLOR and
Councilman Link reported on an Odor Control Plan for the
Industrial Wastewater Disposal Ssytem recommended by the Council
Sewer Advisory Committee.
He recommended that bids be advertised for the $350,000.00
project; that the plans and specifications for same be prepared and
that the required equipment for said project be ordered.
...
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,
Motion was made by Councilman Link seconded by Councilman
Pate and carried that plans and specifications be prepared for the
Odor Control Plan recommended; bids be advertised for same and that
the required equipment be purchased for the project.
Garbage Rates Councilman Link reported on the Council Advisory Garbage
Rate Committee recommendation to approve the rate increases requested
by South Valley Refuse and Disposal Co.
Discussion was had on the matter.
Res. #80-11 Motion was made by Councilman Link seconded by Councilwoman
Hughan that the reading of Resolution No. 80-11 be waived and that it
be adopted approving the proposed Garbage Rate Increases requested.
Reclaimed
Water-Golf
Course
RESOLUTION NO. 80-11
--
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING MAXIMUM
CHARGES FOR THE COLLECTION OF GARBAGE, RUBBISH AND REFUSE EFFECTIVE
MARCH 1, 1980.
PASSED AND ADOPTED this 21st day of January, 1980, by the following
vote:
AYES:
....
COUNCIL MEMBERS:
ALBERT, HUGHAN,
GOODRI CH
NONE
CUNN INGHAt1
LINK, PATE, TAYLOR and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
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City Administrator Wood reported on an application of treated
wastewater at the Golf Course, noting that same had been approved by
the County Farm Advisory for use of said recla~med wastewater for main-
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4345
taining the turf and trees at the course.
~',~
Councilman Taylor reported that the Golf Course Operator has
recommended that they be allowed to proceed with the required connections
for use of the reclaimed wastewater and that the regular water system
also be available in the event that the reclaimed water is not satisfactory.
Council agreed to proceed on an experimental basis as recommended.
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Growth Manage. Councilwoman Hughan reported that the Growth Management Advisory
exemptions Committee has recommended action on the Residential Developments "In the
Pipeline" prior to adoption of said ordinance, noting that the Committee
feels that those persons with plans in the old quad area desiring addi-
tional apartment construction have already applied for said exemption
and that all future exemptions be denied.
--
Planning Director Dorn further noted that the Planning Department
Memo with recommendations of December 26, 1979, regarding residential
developments prior to adoption of the Residential Development Ordinance
should be acted upon.
Motion was made by Councilwoman Hughan seconded by Councilman Link
and carried that recommendations 1, 2 and 3 as submitted be approved,
specifically 1) Rrocess development applications received by the Planning
Department prior to December 19, 1979; 2) The project plans for lower
income units near Ronan Avenue and Monterey Street be submitted within
ninety (90) days; and 3) Future exemptions be denied for the original
quad area.
HCD Funding
Councilman Link presented a report on proposed HCD funding
projects as outlined and recommended by the County of Santa Clara. He
noted that he would be recommending that the $30,000 for Wheeler Auditor-
ium remodeling and $25,000 for Liman and Ronan Avenues be applied for
East Seventh Street Improvements in the amount of $55,000. Council had
no objection to same. It was noted that the Sixth Year would begin
October 1, 1980.
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S.C.Co. Trans. Councilwoman Hughan reported that the Santa Clara County Trans-
Commission portation Commission has recommended that each City hold a public forum
in regard to proposed fare increases.
The Mayor authorized Councilwoman Hughan to conduct such a forum.
Jt. Sewer Com. City Administrator Wood noted a Joint Gilroy/Morgan Hill Sewer
Meeting Committee Meeting scheduled for January 22, 1980, at 3:00 p.m., for a
status report and tour of the facilities.
Xmas Hi 11
Pk. Grant
City Administrator Wood reported that the ZIBerg (Open Space)
Grant for Christmas Hill Park in the amount of $60,000.00 had been
approved.
Executive
Session
At 9:47 p.m., the Mayor adjourned the meeting to an Executive
Session of the Council. (See February 4, 1980, minutes)
--
At 11:05 p.m., the Mayor reconvened the meeting.
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the Mayor write two (2) letters, one (1) to the President
of the Gilroy Police Officers' Association and one (1) to the Chief of
Police, and that the City Administrator begin immediate recruitment for
a new Chief of Police.
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Adjournment
At 11:06 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
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