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Minutes 1980/03/17 43'72 March 17, 1980 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: Sharon Albert, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Brian D. Cunningham. San Ysidro The Mayor presented an Environmental Design Award for San Pk. Award Ysidro Park from the California Parks and Recreation Society to Parks and Recreation Director Ayer. Tree City USA Parks and Recreation Director Ayer presented a Tree City USA Award from the State Forestry Department to the Mayor, specifically, a flag allowed to be flown for five (5) years and noting that the City could reapply for said award at that time, a pla~ue and signs designating this accomplishment to be erected at entrances to the City. <"":_"~;'",+~,'''::~~'....,,,:,_,......._..,..~_..,.. '..,_."... '.,..<,. '....~" ";,,, ,_ _.,."" ~, ...,'~,'.~".'"..,_.'...'..,)..____,.,i<!,>.".~,..__.~.".,',\.,",} ",",",i'''' r" ....-,...__,~...,':" 1"'~-'\'" Consent Calendar - Minutes Salary Increases ...... ..... Budgeted Purchases Pub.Hear. re: Beno pre- zoning .- Intro. ord. Unif. Admin. Code Res. #80-29 - CitY,Property 1st & Prince- valle ...... -- New City Ha 11 Equipment illIiie;;.N,,,, 4373 Motion was made by Councilman Link seconded by Councilwoman Hughan that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council Member: Cunningham. Approved the Minutes of the Regular Council Meeting of March 3, 1980; Approved the following Salary Achievement Increases for Fourteen (14) City Employees effective April 1, 1980: Humberto Hernandez, Andrew Salgado, ARthur Salgado, and Natividad Gaucin, Groundskeeper Aides, Range 21.5 from Step liB" $822 to Step C, $861; Linda DeJesus, Clerk Typist I, Range 22.5 from Step B, $861 to Step C, $903; Steve Harris, Planning Intern, Range 23 from Step B, $889 to Step C, $921; Art Rodriguez, Public Works Maintenance I, Range 25 from Step C, $1,016 to Step D, $1,068; Robin McGinnis, Junior Planner, Range 29.5 from Step A, $1,149 to Step B, $1,207; David Norling, Police Officer, Range 32.5 from Step A, $1,329 to Step B, $1,396; Charles Ellevan, Police Officer, Range 32.5 from Step B, $1,396 to Step C, $1,468; Nancy Hoenck, Building Inspector, Range 34.5 from Step B, $1,539 to Step C, $1,616; Terry Vierra, Police Sergeant, Range 36 from Step D, $1,824 to step E, $1,915; and two (2) effective February 1, 1980:, Chester Kawahara, Groundskeeper Aide, Range 21.5 from Step B, $822 to Step C, $861; John Holson, Building Inspector, Range 34.5 from step D, $1,696 to Step E, $1,779; Approved a report on budgeted purchases exceeding $1,500 per Council direction; Set April 7, 1980, as a Public Hearing date on a prezoning request of J. F. and Jean Beno on approximately 16.7 acres located at the south- west corner of Las Animas and Murray Avenues, from Al-2.5 (County Agricul- ture) Zone to M2 (General Industrial) District; and re: Introduced a proposed ordinance amending Section 6.1 of the City Code allowing the Uniform Administrative Code to be adopted by resolution. Adopted Resolution No. 80-29 adopting Uniform Administrative Code, 1979 Edition, to become effective May 7, 1980. RESOLUTION NO. 80-29 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM ADMINISTRATIVE CODE, 1979 EDITION. PASSED AND ADOPTED this 17th day of March, 1980, to become effective May 7, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM A report on one (1) bid received from Larry Connell, et al, for lease of City Property at First and Princevalle Streets was noted and further explained by Assistant City Administrator Reinsch. Councilwoman Hughan noted that she would be absent during the discussion and any action taken on same due to the fact that her firm is the architect for said proposal. City Administrator Wood noted that he would not take part in the discussion due to his wife being employed by Century 21, recommending that Council obtain an appraisal of fair rent prior to negotiating said lease. Motion was made by Councilman Taylor seconded by Councilman Link and carried that an appraisal be made regarding the proposed lease and requested the applicant to consider a shorter term lease. Purchasing Agent Reinsch presented and explained a report on bids for file cabinets, drafting furniture, and blueprint machine to be used at the new City Hall. Discussion was had on the matter. 4374 Pub. Hear. re: USA Bonanza Day Committee Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the recommended equipment be purchased as pre- sented. .... The Mayor stated that it was the time and place scheduled for a public hearing on lands within the Urban Service Area of the City of Gilroy for possible revision and/or removal of same. The map and LAFCO Staff Report was noted and further explained by Planning Director Dorn. City Administrator Wood noted the recommendation requested by ~ .... LAFCO. - The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Jerry Hoff, representing property owners of lands currently in the USA located at the southerly portion adjacent to the present City Limits excluding the two (2) most southerly parcels, addressed the Council objecting to removal of said lands from the Urban Service Area. Mr. Joe Stave, attorney representing Fil-Den Farms, addressed the Council and noted that the property owners wish to maintain said land of approximately 52 acres in agricultural purposes. Di rector of Publ i c Works-City Engineer Hansen noted that a ,- major lift station would be required when the southerly lands in the Urban Service Area adjacent to the present City Limits develops. Mr. David V. Stout, realtor, addressed the Council in regard to Gilroy's need for available industrial land. Mr. Chuck Filice, partner of Fil-Den Farms, addressed the Council noting that the 52 acres presently in the Urban Service Area has been subdivided into ten (10) parcels. ... Mr. Ben Denise, Fil-Den Farms, addressed the Council and commented on the availability of sewer for said property. Mr. Ted Uchida addressed the Council and noted that the increase in fuel costs has prohibited continued expansion of the nursery opera- tion and objects to removing his property from the Urban Service Area. Mr. Jerry Hoff, addressed the Council and commented on the proposed lift station noted to be required and disagreeing with same. ..... Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the Public Hearing be reopened and continued to April 7, 1980, to allow time for Staff to verify the total amount of available vacant industrial land in the City and Urban Service Area. The Mayor noted a request of the Bonanza Day Committee to appear before the City Council. ... Mr. Charles Larsen, Jr., addressed the Council representing, Gilroy Bonanza Days I Committee requesting that the annual Bonanza ... Day Barbecue scheduled at Christmas Hill Park be allowed to end at 12:00 midnight with an additional hour for cleaning the premises. Mr. Alex Larsen addressed the Council and further requested Council allow same. Discussion was had by Council in regard to the matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Bonanza Day Committee's request for 12:00 midnight closing time for their annual barbecue scheduled for Christ- - - ~'.,,,.,'!II 4375 mas Hill Park be allowed with one (1) additional hour to clean-up the premises. - Spec. Olympics Director of Parks and Recreation Ayer reported on a Special Olympics Event in Gilroy scheduled for April 26, 1980. ...."'" ....... D. Ferrera- Moratorium Request R.Drewitz Moratorium Request ~"'A'I\I Ms. Gayle Matsuura and Geralyn Sousa, Parks and Recreation Depart- ment employees, further explained the event and gave a slide presentation on same. Participants of the Special Olympics presented Council Members, City Administrator and City Attorney with hats to be worn only by volunteers in said event, further requesting their services at said event. Mr. Don Ferrera, Broadway resident, addressed the Council requesting exemption under the moratorium for his property on Broadway located within the old Quad. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the request of Mr. Ferrera for an exemption under the moratorium be denied. A requ~st of Robert Drewitz for exception to the moratorium on apartment construction in the old Ouad located at 7232 Hanna Street was further explained by Mr. Richard Scagliotti, 753 Carla Way, representing the owner. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the request be denied. Council Members Link and Taylor voted "no" on the motion. Trans. Dist. A letter from the City of Los Altos Hills in re: to Transportation District was noted. ~- Gilroy Police Assoc. Grievance ..... ..... League Bulletins Lib. & Cu It . Com. -- Gilroy Apts. Rogers Ln. - Motion was made by Councilwoman Hughan that the City support the concept of the Transit District being separate from the Board of Super- visors and that a system of representation for same be worked out sub- sequently. Motion died for lack of a second. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City approves the concept of separating the Trans- portation District from the County government but the City cannot support the specific proposals to date because they lack statements of representa- tion. Councilman Link suggested that a telegram be forwarded Senator Alquist tomorrow noting Council action on said matter. A letter requesting a Grievance Hearing on the Gilroy Police Associationls Appeal of the Personnel Commissionls acting on Briefing (lunch) was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that April 21, 1980, be set for a hearing on said appeal. The League of California Cities Bulletins, dated March 7, 1980 (1.9-1980 and 1.10-1980) were noted and Council requested their usual policy to support the League's position on same be applied. The Mayor appointed Howard Smith as Honorary Advisor to the Library and Culture Commission as recommended by said Commission. A letter from residents of the Gilroy Apartments was noted regard- ing the recent denial of a rezoning request on Rogers Lane. The following informational items were noted with no spearate discussion on same: Senator S. I. Hayakawa in re: to LLagas 566 Project; 4376 Plan. Com. RepQrt 3/6/80 ABAG report on Bay Area Development Fees; and South Santa Clara Housing Development Corporation appreciation on recent disbursements. ..... IiIlIiilIiiIIW The Report of the Planning Commission Meeting of March 6, 1980, was noted and further explained by Planning Director Dorn. He pre- sented a request to amend the Planning Department priorities as recom- mended by the Comission. Council had no objection to same. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of ... 3/4/80 March 4, 1980, were noted. Bond Int. Ra tes Water Rates Industrial Wastewater Project - City Administrator Wood presented a recommendation from the City's Bonding Attorney requesting a change in the City Maximum Bond Rate to comply with AB #329. The City Attorney noted a subsequent letter from Mr. Assaf requesting the above change with the interest rate not specified and determined by Council from time to time. Motion was made by Councilman Pate seconded by Councilman Link and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary amending Section 12A.130 of the City Code to allow Council to fix the bond interest rate from time to time. City Administrator Wood presented a Report on City Water Rates. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City Attorney be instructed to prepare the necessary resolution approving Alternate B for increase water rates to become effective 4/20/80 as recommended. City Administrator Wood presented a Report on the Initial Sutdy of the proposed Odor Control Modifications Project. Motion was made by Councilman Pate seconded by CouncilmElln:Link that a Public Hearing date of April 7, 1980, be set for a hearing on the Cityls- intent to issue a Negative Declaration for same. ... -- Ord. re: Toilet The City Attorney presented a proposed ordinance pertaining Facilities to Public Toilets recommending changing the words "water closets" to "toilet facilities." Real Estate License Fees Motion was made by Councilman Link seconded by Councilman Taylor and carried that the proposed ordinance enacting Section 6.3 of the City Code pertaining to Public Toilets be introduced, the reading waived, and that it be published by title and summary with the change of the words "water closets" to "toilet facilities" as recommended. The City Attorney presentdd information in regard to a proposed ordinance amending Section 13.40-53 of the City Code pertaining to license fees for Real Estate Salespersons. Discussion was had by Council on the matter. Mr. Carlos Davis, local Broker of Century 21, addressed the Council further defining a Realtor Broker and Realtor Associates, noting that an agent works under a Broker as an employee. Ms. Ellen Schofield addressed the Council opposing the pro- posal of $25.00 for each person selling real estate. ... - Motion was made by Councilman Pate that the license fee for each real estate business location be set for $25.00 plus $10.00 for each salesperson or broker. Motion died for lack of a second ... Mr. David V. Stout addressed the Council objecting to licensing a real estate location rather than each broker at said establishment. .. ~i'T,'5!lIt - RDO Rating Scale ~;-' "~ ...... Res. #80-30 .''''<1 ...., Historical Heritage Committee Ci ty Council Meetings High School Carnival Sewer Adv. Committee ..... Southern ...... Pacific - - East Freeway 79-5 Annex. 4377 Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the City Attorney be instructed to prepare an ordinance requiring each real estate broker to pay a license fee of $25.00 plus $10.00 for each salesperson assigned to that location. Planning Director Dorn presented and explained revisions for ROO Rating Scale previously discussed by Council. Councilwoman Albert noted that she had requested additional points under V.C. regarding Housing Cost Variety. Discussion was had on the matter. Councilwoman Hughan noted and requested that under V. HOUSING MIX A.Housing Type Variety - that the words "within the proposed development" be deleted and the workds, "in the City" be substituted. She also noted that the examples should be deleted. Council after discussion, agreed that the points for V. HOUSING MIX should be as follows: A. Housing Type Variety - 8 points; B. Density Type Variety - 7 points; C. Housing Cost Variety - 7 points; D. Housing Cost Reduction Techniques - 8 points. Motion was made by Councilwoman Hughan seconded by Councilman Pate that the reading of Resolution No. 80-30 be waived and that it be adopted to include the revisions as amended. RESOLUTION NO. 80-30 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A RESIDENTIAL DEVELOPMENT ORDINANCE RATING SCALE. PASSED AND ADOPTED this 17th day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAt1 The Mayor appointed ,the following to the Historical Heritage Committee for a two (2) year term: Howard Smith, Chairman; Roberta Hughan, Council Representative; Mark Kennedy, Planning Commission Representative; Ruth Habing, Historical Society Reprsentative; and Muriel Brem, Library and Culture Commission Representative. Councilman Taylor recommended that Council set a time limit on regular scheduled Council Meetings. Council decided to view the matter at each meeting at approximately 11:30 p.m. to determine if said meeting required additional time or if some items could be continued to a later date. City Administrator Wood presented a request of the Gilroy High School Student Body for sponsoring a carnival April 11, 12 and 13, 1980. Motion was made by Councilman Pate seconded by Councilman Link and carried that the request of the Gilroy High School Student Body to spon- sor a carnival in April be approved. City Administrator Wood advised the Council Vewer Advisory Com- mittee of a meeting scheduled for March 21, 1980, at 3:00 p.m. with the Bonding Attorney and the industries in regard to the Preliminary Agreements for the Odor Control Project. City Administrator Wood renorted that the lessees at the Old City Hall are interested in retaining the lease with the Southern Pacific Transportation Company for the northerly lot presented to Council at a previous meeting. Council had no objection to the City entering into an agreement with the Southern Pacific Transportation Company to lease their property at $940.00 per year as recommended. City Administrator Wood presented a petition from property owners for annexation of East Freeway 79-5 Annexation to the City of Gilroy recently approved by LAFCO. 43'78 Res. #80-31 Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 80-31 be waived and that it be adopted. RESOLUTION NO. 80-31 A RESOLUTION PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DESIGNATED AS "EAST FREEWAY ANNEXATION 79-5 TO THE CITY OF GILROY." PASSED AND ADOPTED this 17th day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Res. #80-32 Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 80-32 be waived and that it be adopted, removing said territory from the Gilroy Rural Fire District. RESOLUTION NO. 80-32 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "EAST FREEWAY ANNEXATION 79-5 TO THE CITY OF GILROY." PASSED AND ADOPTED this 17th day of March, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Police Records City Administrator Wood presented and explained a recommenda- Clerk tion of the Police Chief to approve salary classificationifor Police Records Clerk as recommended by the Foss Study. Motion was made by Councilman Link seconded by Councilman Pate and carried that the salary classification for Police Records Clerk be approved as recom- mended by the Foss Study. Police Dept. City Administrator Wood presented a request of the Police Chief Recruitment recommending recruitment for Police Officers on a continuing basis. Motion was made by Councilman Link seconded by Councilman Pate and carried that the City proceed to recruit for Police Officers on a continuing basis as outlined. Adjournment At 11:36 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~Ud~ t. ,J~ / City Clerk r ,.,. ,', ~'~..~'..':'.. ..:i-___'!ll>co,-,_-,,-.",'>Il' -"',",,, "'__,' ',~ ,,',","~'~ '.:....~~, '" ~_,J'...:",."f..._~."" '0>" """,,",~, ','~'" ':"- .''- . ., "- "'';'"", _. ,,;,>.f.,.... ..", .',~,. .,,_,..'!>""{,'" :"," ,.:' ": ..,-<".' ,".,-' , ""''''' :.. > ".~,'.' '. '".'" ,~ ' L "" " . ~.. -'. ',...':,:~_,.".',"'-'. .-.,., ,- ,"". .,~."~~'''~