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Minutes 1980/03/03 4362 March 3, 1980 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Norman B. Goodrich at 8:01 p.m. Roll Call Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Res. #80-22 Motion was made by Councilman Link seconded by Councilman Cun- ningham that the reading of Resolution No. 80-22 be waived and that it be adopted. Consent Calendar Minutes Damage Claim Claim-G. Garcia Bids re: Landscape Mont.St. RESOLUTION NO. 80-22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY COMMENDING SERVICES OF MR. THEODORE "TED" CARPENETTI, GROUNDSKEEPER I I. PASSED AND ADOPTED this 3rd day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Motion was made by Councilman Cunningham seconded by Councilman Link that the following items under the Consent Calendar be approved by the following Roll Call Vote: (Councilwoman Hughan absent during Item "e" regarding Damage Claim of George D. Garcia, Inc.): Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich; Approved the Minutes of the Regular Council Meeting of February 19, 1980; Denied a Damage and Injury Claim of Mrs. M. Francisco, noting that same should have been filed with the State Department of Trans- portation; and Denied Claim of George D. Garcia, Inc. (Councilwoman Hughan absent). A report on Landscape Improvement Bi ds for t10nterey Street opened February 28, 1980, was noted recommending that the bid of "Tbe Sound of Plant" be awarded for the Base Bid and Alternates #1 and #2 in the amount of $11,255.00. Discussion was had on the matter. fIJlIII'F-"'IlI - Hear. re: Velasquez Appeal ,....".. ...... - Res. #80-23 Velasquez ......... ..... Pub.Hear.re: Hill side Zone Dj'st. """"""I - - - ~31t,3 Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the bid of liThe Sound of Plants" be awarded in the amount of $11 ,255.00 as recommended. Councilman Cunningham voted "no" on the motion. M.E. The Mayor stated that it was the time and place scheduled for a Hearing on an Appeal of Mary Ellen Velasquez re: denial by the Planning Commission of a Conditional Use Permit to allow a residential home care in an R1 PUD (Single Family Residence Planned Unit Development) located at 405 Polk Court, on the northeast corner of Murray Avenue and Polk Court. Planning Director Dorn presented and explained the Staff Report regarding same. Discussion was had by Council. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Michael Mayron, attorney representing Mary Ellen Velasquez, addressed the Council and further explained the request. He noted that the property owner would remove the sign if the City would allow this variance request. He further noted that the curb could be cut to the back carport pad. 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 Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham which died for lack of a second to concur with the State law on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that Council finds that a Conditional Use Permit, although provided for in the City's Zoning Ordinance, has been pre-empted by the State as to health care facilities for six (6) or less, therefore said Use Permit is unnecessary. Motion was made by Councilman Pate which died for lack of a second that the sign permit be granted as long as it conforms with the eight (8) sq. ft. limitation as set forth in the ordinance. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the sign be disallowed. Motion was made by Councilman Link seconded by Councilman Pate that the reading of Resolution No. 80-23 be waived and that it be adopted in- corporating the above findings. RESOLUTION NO. 80-23 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY REVERSING IN PART ON APPEAL RESOLUTION NO. 80-1 OF THE PLANNING COMMISSION A CONDITIONAL USE PERMIT FOR A RESIDENTIAL HOME CARE FACILITY IN AN Rl lONE. PASSED AND ADOPTED this 3rd day of March, 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 Mayor stated that it was the time and place scheduled for a continued Public Hearing on the proposal to amend Section 50 of the Zoning Ordinance to provide a Hillside Zoning District and that the Sub-Committee for said matter has requested that this hearing be continued to April 7, 1980, in order to allow for additional time needed to further study said matter. The Mayor so ordered the continuation of this hearing to April 7, 1980, at 8:00 p.m. as requested. ~ . -"''',", 43(04 Pub.Hear. re: D.Renz re- zoning Res. #80-24 ~ ,'",4 " The Mayor stated that it was the time and place scheduled for a Public Hearing on a request of Don Renz to rezone 4.8 acres located on Rogers Lane, northeast of the corner of Chestnut and East Sixth Streets from R1 (Single Family Residence) to R3 (Low- Density Multiple-Family Residence) District.. .... - Planning Director Dorn presented and explained the Staff report regarding said rezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mrs. Loretta Ventura, Lewis Street resident, addressed the Council and submitted a petition from fifty-six (56) residents in the area and an additional petition from seventy-eight (78) residents in opposition to said proposal. Mr. John Gutierrez, Chestnut Street, addressed the Council and further opposed the rezoning. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Gary Coates, representing the owner, addressed the Council and further explained said rezoning request, and requested that Council concur with the Staff and Planning Commission recommendations and approve said rezoning. .... ...... Mr. Don Kludt, 510 Lewis Street, addressed the Council opposing said rezoning noting that the main objection to the proposed rezoning is high density for the subject area. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Linton Kludt, 480 Lewis Street, addressed the Council further objecting to the proposed rezoning. Mr. Felix Ortiz, 520 Sixth Street, addressed the Council and noted that he opposes the proposed rezoning and that he has been bur- glarized approximately seven (7) times. Mr. Clay Benson, 490 Lewis Street, addressed the Council noting he is opposed to said rezoning primarily because of the increased crime in the area and the high density. Mrs. Loretta Ventura addressed the Council noting that her father (Richard Piedmont) owns property adjacent to the proposed rezoning and will request R1 zoning for said property if the Council denies this present rezoning request and further that he does not intend to sell said property for apartment development. ~ - . Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. The City Clerk noted that there were fifty-six (56) signatures of residents of the area on one petition and seventy-eight (78) sig- natures of local residents on the other petition, totalling one hundred thirty-four (134) signatures. Motion was made by Councilman Cunningham seconded by Councilman Taylor that the reading of Resolution No. 80-24 be waived and that it ~ be adopted denying said rezoning request without prejudice. Council- man Link voted "no" on the moti on. ...... RESOLUTION NO. 80-24 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICATION OF DON RENZ TO REZONE 4.8 ACRES ON ROGERS LANE NORTHEAST OF SIXTH AND CHESTNUT STREETS FROM R1 DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 3rd day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBER: LINK ABSENT: COUNCIL MEMBERS: NONE ---- - JlIIIIW"'-""'" - fII"... Pub.Hear. re: Pkg.Dist. #2 -- -"',~'. ...... , ~ ~""-", ....... 4365 Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the Planning Commission study the entire area between Chestnut, Lewis Streets and the Freeway to review the General Plan desig- nation in that area. Mr. Gary Coates inquired if the resolution denied rezoning without prejudice. It was noted that all are denied without prejudice; and that the applicant would have to wait one (1) year before a new application could be submitted for the subject property. The Mayor stated that it was the time and place scheduled for a Public Hearing on Parking District No.2. Mr. George A. Lewis, Engineer for the project, addressed the Council and noted revisions in the Engineer's Report due to the increase in land acquisition costs. Councilman Pate noted that he would be absent during discussion and action because of his interest in this project. City Administrator Wood noted that three (3) property owners have agreed to contribute additional funds over and above their assessment; two (2) owners have consented to $2,500.00 additional and one (1) owner an additional $5s000.00. He further noted that Wells Fargo Bank has agreed to reduce the purchase of land cost from $127,000.00 to $120,00.00 and additional $3,000.00 from contingency funds. He further recommended that the City proceed on the basis that $11,000.00 of the remaining $21,000.00 be allocated to the property owners and that the City contribute an additional $10,000.00 to the project. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. ~1r. Cal Ashford, property owner and downtown busi nessman, addressed the Council and submitted an additional petition from property owners within the District which he noted represents more than 50% opposing the proposed District as it is presently assessed. Mr. George Lawton, property owner and downtown businessman, addressed the Council and noted that the area north of Fourth Street was not included in the District because the majority of the businesses have provided their own parking facilities. Mr. George Menasco, General Manager of Ford's Department Store, addressed the Council and noted the necessity for said District. Mr. Gary George, representing the Downtown Merchants' Association, addressed the Council and requested formation of the proposed district. Mrs. Ruth Sacco, property owner within the proposed district, addressed the Council requesting elimination of all property owners within the proposed district who have provided their own parking facilities. City Administrator Wood noted that all properties within the District, if and when they develop their property, do not have to provide off-street parking. Mr. Cal Ashford, addressed the Council and noted that the $40,000.00 of Parking District No.1 was originally anticipated to be used for parking spaces and not planned for the Monterey Street Beautification Project which was, in fact, used on said project. He further noted that the cannery on Lewis Street should be included in the district as they will benefit from said parking lot. Heard from Mr. William McCarn, property owner on Eigleberry Street within the proposed district noting that he is seldom able to park his vehicle in front of his residence. He was informed by Staff that parking in front of his property is public right-of-way; that if he ever intended to convert the residential use to commercial that he would not have to provide off-street parking. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan that the reading of a Resolution Determining Convenience and Necessity and Ordering Changes and Modifications be waived and that it be 4366 Recess Res. #80-26 adopted. Motion failed by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Taylor and Goodrich. Noes: Council Member: Link; Absent: Council Member: Pate. Motion failed since same requires a 4/5ths affirmative vote of the Council to pass. - - Mr. George Lawton addressed the Council and noted that if firm figures were available, he would like to determine a majority of pro- perty owners in favor of the proposed Parking District. Councilman Cunningham inquired if Councilman Link would re- consider the matter if the assessments were the same as those at the Public Hearing when there were no majority protests and if the City contributed the additional $11,000.00 required in order for the balance of assessments to remain at $73,000.00, noting that the City would pay the additional $21,000.00. ...... -- Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- man Taylor and carried that the prior resolution be reconsidered. Motion was made by Councilman Cunningham seconded by Council- woman Hughan that the reading of Resolution No. 80-25 be waived and that it be adopted Determining Convenience and Necessity, and Ordering Changes and Modifications, Ordering Increase in Certain Assessments, Ordering Decrease in Certain Assessments, and Ordering Increase in City Contribution, noting that the City would be contributing $21,000 in order that the balance to assess property owners would be $73,000 noting that same would require a budget amendment at a later date to provide for the tityls additional contributions. RESOLUTION NO. 80-25 A RESOLUTION DETERMINING CONVENIENCE AND NECESSITY, AND ORDERING CHANGES AND MODIFICATIONS, ORDERING INCREASE IN CERTAIN ASSESSMENTS, ORDERING DECREASE IN CERTAIN ASSESSMENTS, AND ORDERING INCREASE IN CITY CONTRIBUTION - PARKING DISTRICT NO.2. PASSED AND ADOPTED this 3rd day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: PATE ..... - Motion was made by Councilman Link, seconded by Councilman Cunningham and carried that the City Council work with the Downtown Merchants to provide parking in the area on the east side of Monterey Street, south of Martin Street. At 10:29 p.m., the Mayor declared a ten (10) minute recess. The Mayor reconvened the meeting at 10:39 p.m. The Mayor noted that there is an additional item necessary under Parking District No.2, specifically, to award the contract for the project. Director of Public Works-City Engineer Hansen reported that the low bidder~ Granite Construction Company, has agreed to hold their bid in the amount of $46,770.00 and recommended that same be awarded subject to the City being able to enter into a written agreement on the property purchase for the Parking District land. - Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 80-26 be waived and that it be adopted awarding the contract for Parking District No.2 to Granite Construction Company as recommended. - RESOLUTION N0. 80-26 A RESOLUTION OF AWARD OF CONTRACT - PARKING DISTRICT NO.2. PASSED AND ADOPTED this 3rd day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: PATE ... - R. Drewitz- Extension _1',,~ - ~" - 4367 An appeal to extend Architectural and Site Approval term for Mr. Robert Drewitz was noted. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a six (6) months extension expring approximately September 18, 1980, be granted Mr. Drewitz. Council informed the applicant that this is the only action that they can take; that the rezoning matter would have to be presented to the Planning Commission. Mr. George Hay, Oak Ridge Realty, addressed the Council noting that there is an error in the alignment of Parcel No. 36 and Parcel No. 43, owned by one (1) owner. He noted that the Assessor's Maps only show one (1) parcel for same. Parcel No. 36 is zoned R1 and Parcel No. 43 is zoned R3 and said parcels under legal description were segregated as such. Mr. Hay was informed by Staff that this matter would have to be corrected at the Planning Department level; that the only matter for Council consideration was the extension granted to appear before the Architectural and Site Approval Committee. Security Pacific Mr. Augie Acuna, architect for the Security Pacific Bank, addressed Bank-1st & the Council and noted that he was not aware that he would have to present Wren Ave. the City with new design of the driveway for the proposed bank site located at First Street and Wren Avenue; that it was his understanding that said matter was continued to be heard at this meeting. Discussion was had on the matter. Motion was made by Coucnilman Link seconded by Councilman Cunningham and carried that development of the proposed bank at the stated location be approved as discussed with the condition that the driveway be moved as recommended, that sidewalks shall be completed in all the area fronting First Street, and that instruction will be to the Architectural and Site Approval Committee that all buildings within this development, including that in back of it shall be at the same elevation architecturally with the bankls proposed build- ing, and that all plans for any future buildings will be presented to Council prior to final approval of same. It was noted that the property in question is the front five (5) acres of this entire PUD, and any other property in this vicinity will be acted upon by Council when pre- sented. ............, Lilly Gardens ....... -- -... The Mayor deviated from the regular agenda in order to accom- modate interested persons in the audience. The Mayor requested review of Lilly Gardens A/S 80-6 under the report of the Planning Commission. Planning Director Dorn presented and explained Staff report on same. Mr. Kenny Griffin, architect for American Development Corp., addressed the Council and noted that all conditions set forth by the Architectural and Site Approval Committee are acceptable to the deveLopers. Mr. John Hoffmire, vice president of American Development Corp., addressed the Council and noted that the units at Lilly Gardens would be managed by Sabina Realty who presently manage Plum Tree and The Orchards Apartments. Councilman Link noted that the sewer figures on pages 13 and 14 of the Initial Study are incorrect. Planning Director Dorn recommended that the Council issue a negative declaration and that the sewer figures on pages 13 and 14 will be corrected. Councilwoman Albert inquired of the soil conditions noted in the Initial Study and if the foundations will be designed for same. Planning Director Dorn noted that same could be a mitigating measure. Director of Public Works-City Engineer Hansen explained the traffic patterns regarding Lilly Avenue. 4368 Museum Photo- grapher Calif.Canners & Growers League Bulletin Res. #80-27 re: Air Quality Agencies Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a negative declaration be issued for the subject property with the condition that pages 13 and 14 of the .. Initial Study be corrected in regard to the sewer figures. - Ms. Mary Ramsay, Liman Avenue, addressed the Council and presented Council with a petition from homeowners of the area object- ing to the proposal, specifically, excessive traffic proposed for Lilly Avenue as a result of the proposed development. It was explained by the developer that the traffic pattern and street access for the subject property was approved by HUD and .. would not allow the developer to use a cul-de-sac or any other arrangement for Lilly Avenue; however, they did require the forty ... (40) foot access street to Monterey Street and the developer feels that the Monterey Street access will be used rather than Lilly Avenue. Discussion was had in regard to the area and density require- ments of said property. The Mayor continued to deviate from the regular agenda in order to accommodate interested persons in the audience. A letter from the Library & Culture Commission was noted re- questing an appearance before the Council regarding a Museum Photo- grapher. Mrs. Muriel Brem, Chairman of the Library and Culture Commission, addressed the Council and further explained said request. City Administrator Wood suggested that the Commission recommend to Council some person as Museum Photographer on a yearly retainer basis and present Council with the fee schedule for their approval. Mrs. Brem noted that on this basis the Commission would invite anyone interested to attend a Library and Culture Commission Meeting to present their proposal for consideration. ... .... A letter from the California Canners and Growers requesting a deferment of development fees in the approximate amount of $17,000 to 1981. City Administrator Wood presented an additional request from said company to defer the street improvements, landscaping and fencing which was in the original plan also to 1981. Discussion was had on the matter. Mr. Tom Filice, representing California Canners and Growers, addressed the Council and further explained the request. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that an eighteen (18) month extension be granted California Canners & Growers for payment of the required development fees, street improvements, landscaping and fencing with 10% interest on the $17,000.00. The League of California Cities Legislative Bulletin, dated February 22, 1980, was noted and Council agreed to follow usual pro- cedure supporting the League's recommendation on said legislation. ..... ......- City Administrator Wood presented a letter from Supervisor Wilson in re: to co-designation of Lead Air Quality Agencies. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 80-27 be waived and that it be adopted sup- porting same. RESOLUTION NO. 80-27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGARDING AIR QUALITY PLANNING RE-DESIGNATION. .. - .... USA ~~ ........ Plan. Com. Report 2/21/80 ROO Rating Scale ,P',. ,,'-Ill ...... ,..... ..... Historical Committee ....... Plan. Dept. Fees - Res. #80-28 4369 PASSED AND ADOPTED this 3rd day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood noted a report from LAFCO on Gilroy's Urban Service Area. He further recommended that some of the Council attend the LAFCO meeting of March 12, 1980, to provide additional credibility. Councilman Link noted that he would attend same and wished to be reminded of said meeting. The following informational items were noted with no separate discussion on same. Letter of appreciation from Mrs. Josephone Hockenbeamer; Representative Leon Panetta in re: to the Llagas (566) Project. Councilman Link noted that same is in the City's favor regarding said project; and Inter-CitYJCouncil Meeting of March 13, 1980, in Los Gatos. The Report of the Planning Commission Meeting of February 21, 1980, was noted and further explained by Planning Director Dorn. Planning Director Dorn reviewed and discussed ROO Rating Scale and Planning Commission's recommendation on same. Councilwoman Hughan requested clarification under Housing Mix (V.A). She noted that it was her understanding regarding availability of variety of Housing Unit types, to have whole type housing units, types that we do not now have, not individual ones. She suggested that under V.A. Housing Type Variety) same be changed to read:'~vailability of a variety of housing unit types within the proposed development which wou~ add to the mix of housing types in the City." And add under VII. Community Benefit Factors - ,~ - Community Benefit - Provide housing alternatives not available in the City; i.e., mobile homes, 1mimproved lots, road housing, etc." so that more of a whole subdivision of a different kind of housing can be provided. And omit under VI.B. '~ompatible to adjacent development" since same added some confusion and does not mean anything. She also noted that she agrees with the Planning Commission that III.A should have more points, suggesting 10 points rather than 5 points. Councilman Pate noted the Planning Commission's objection to I.C which he believes should be left in and is important. Councilman Link recommends that this Rating Scale be tried on a trial basis for one (1) year and referred back to Council to determine if it is satisfactory. Councilwoman Albert suggests adding points to the following: VI.D Energy Conservation to encourage conservation of energy or innovative design methods that would use passive solar energy. Also under V. HOUSING MIX add points given to A & C for greater variety of housing mix within the community and would allow more people to buy houses in various sections of the City. Planning Qirector Dorn noted that he would re-write the proposed ROO Scale to include Council's suggestions. Council reviewed the proposed Historical Building Review Committee suggested by City Historian, Howard Smith. Discussion was had on the matter. Councilwoman Hughan suggested that the committee be "Historical Heritage Committee." Council agreed that a Committee of five (5) be appointed by the Mayor as recommended. Planning Director Dorn presented new proposed fees for the Planning Department. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 80-28 be waived and that it be adopted. '-;:..';0"", ...'......,','.. .. _",' .~~, ,,'. 4370 P & R Com. 2/26/80 Pers. Com. 2/26/80 Pers. Dir. Salary & Classif. RESOLUTION NO. 80-28 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING FILING FEES AND CHARGES FOR THE DEPARTMENT OF PLANNING. PASSED AND ADOPTED this 3rd day of March, 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 Minutes of the Parks and Recreation Commission Meeting of February 26, 1980, and the Minutes of the Senior Citizens' Advisory Council Meeting of January 22, 1980, were noted. ...- - Councilman Cunningham left the Council Chambers at 12:05 a.m. The Report of the Personnel Commission Meeting of February 26, 1980, was noted and further explained by Personnel Director Reinsch. Motion was made by Councilman Link seconded by Councilman Pate and carried that the new classification and salary range for Personnel Director at $2,150 per month be approved as recommended. Personnel Director Reinsch noted that the Commission held a grievance hearing on February 26, 1980, from the Police Association on Police Officers' briefing and that they had ten (10) days to file a request for a hearing before the City Council. Monthly Reports The Summary of t10nthly Reports of January, 1980, was noted. Disbursements The Report of Disbursements from February 1, 1980, through and including February 29, 1980, was noted. ..... City Property Ctiy Administrator Wood presented a report on a city-owned six-unit apartment building adjacent to the Library. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Administratorls recommendation to offer said building for sale be approved under the terms presented as a method of disposing said building. Census HCD Loan CDBG Landbank- ing Funds Parks Division Staffing - A request for a proclamation of Census Awareness Month was noted and Council had no objection to the Mayor issuing same. City Administrator Wood presented a report on an H.C.D. Loan Application by a City Employee. Council had no objection to same. City Administrator Wood presented a report on City's CDBG Landbanking Funds. A report on staffing the ~rks Division of the City was noted. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the required Budget Amendments recommended be approved for staffing the Parks Division and that any unscheduled landscaping projects be held until after approval of the 1980-81 Budget. ... , - City Offices City Administrator Wood presented a report on future uses of the present Planning and Parks & Recreation Offices. Motion was made by Councilman Link seconded by Councilman Pate and carried that the City Administrator's recommendation be approved to continue use of the Parks and Recreation Offices for Senior Citizens and other related groups and that the Planning Office be advertised __ for sale as recommended. Councilwoman Albert voted "no" on the motion. IlilIli,;Jj!j J. Orndoff Variance ",*~i'" ,.-" ,Co ,.,,_~._,. ~"__'.~"""""__ - ..,.__Ft,...............,....~~~.....'....,;~~~. ',-_.-'"\0'...." ,-<~..,~,<"c','_.~~ 4371 Noted a report and request for clarification on denial of a variance request of James Orndoff. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Planning Department is authorized to accept another plan for this property that would allow building without any variances. Co. Ind. & Hous- City Administrator Wood presented a report on recommendations by ing Mgmt. the County Industrial and Housing Management Task Force. Discussion was Task Force had on the matter. Motion was made by Councilman Link seconded by Councilman Pate and carried that Council endorses the City Administrator's recommendations to be presented by Representative Pate at the ICG Meeting with one exception under Objective No.4, changing the comment to one word: "Great", regarding the existing transportation system. .....' . .... Uniform Admin. Code M.H. Sewer Flow Lewis St. Impt. "'''''''''1 .... Emergency Water Services Intersection- 3rd St. @ Wren Traffic Signal Mod ifi ca ti on Mont. @ 4th & Lewis sts. jIIIII'IIl ... A recommendation to adopt the Uniform Administrative Code was noted. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the City Attorney be instructed to prepare the required ordinance and resolution for adoption of same. A report on the Morgan Hill sewer meter flows and difference in billing was noted. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the City of Morgan Hill be billed for the differ- ence in sewer meter flows as presented and method of billing as recom- mended. Council Members Link and Pate voted "no" on the motion. Director of Public Works-City Engineer Hansen presented a recom- mendation to confirm property owners costs for the improvement of Lewis Street. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the property owners costs be approved as recom- mended. Director of Public Works-City Engineer Hansen presented a report recommending discontinuation of certain drought-relief emergency water services. He noted that each individual service would be contacted prior to discontinuing said water service. Council had no objection to same. Director of Public Works-City Engineer Hansen presented and explained a recommendation to construct two (2) islands at the inter- section of Third Street with Wren Avenue. Motion was made by Councilman Pate seconded by Councilman Link and carried that the recommendation for the intersection of Third Street with Wren Avenue be approved. Director of Public Works-City Engineer Hansen presented and explained a report on Traffic Signal Modification. t10ti on was made by Councilman Pate seconded by Councilwoman Hughan that the traffic signal studies in the amount of $7,000.00 for preparation of plans and specifications be approved as recommended and that bids be advertised only for the Monterey at Fourth & Lewis Streets at this time. Discussion was had and Councilwoman Hughan withdrew her second to the motion. t10tion was made by Councilman Pate seconded by Councilman Link and carried that the traffic signal modification proposal in the amount of $3,000.00 for preparation of plans and specifications for the intersection of Monterey at Fourth and Lewis Streets be approved and bids be advertised for same. ~'" Ord. re: Public Council noted and discussed a proposed ordinance previously requested Toilet to enact Section 6.3 of the City Code pertaining to Public Toilet Facilities. Facil ities - I'.... ,., - -.-,,-., .., -.,. I 43'72 .,.. . ..' . . ,c. '" .. ...- . ._-" -, '..- --,. : Council requested-that same be revised to include a prOV1Slon that an available key at the business location could constitute accessibility of said facilities. The City Attorney also noted a correction on (a) (1) of the proposed ordinance to change the word "food and beverages" to "food or beverages." Ord. re: Real Council noted and discussed a proposed ordinance requested Estate Sales- to amend Section 13.40-53 of the City Code pertaining to license persons fees for Real Estate Salespersons. Discussion was had on the matter. Mr. David V. stout addressed the Council and objected to licensing of Real Estate Salespersons, noting that said persons would not be allowed to sell real estate unless employed by a Real Estate Broker; further, that no other business is licensed for indi- vidual employees. Council took no action on the proposed ordinance tabling same for further study on the matter. Police Dept. Personnel City Administrator Wood presented a recommendation to make a provisional appointment of Clerk II in the Police Department, same to be on a provisional basis until after consideration of the Secretary position for the Police Department recommended in the Salary Classifi- cation Study. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the City Administrator's recommendation to hire a Clerk II position for the Police Department on a provisional basis be approved. t1otion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the fifteen (15) deletions and add-on change orders in the amount of $9,867.70 be aoproved and authorized as recommended. '. New City Hall City Administrator Wood presented a request and recommenda- tion for change orders at the New City Hall Construction Project in the amount of $9,867.70. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the fifteen (15) deletions and add-on change orders in the amount of $9,867.70 be approved and authorized as recom- mend ed . ;&U4~e~ .pf~ 1>,.,.---