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Minutes 1980/04/07 43'78 Roll Call Gift re: Lee Eloff '....,"'-- ..,~ April 7, 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. Present: Council Members: Brain D. Cunningham, Roberta H. H4ghan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council t1ember: Sharon Albert. The Mayor noted a gift to be presented Police Commander Lee Eloff, recently retired, presently living in Lake County. ,;'., "'"-, . :"......., ~_ 4." .,,-. ,~' _,{, ~ ~,-;... r....... _ ,.'V. ....~ ... -',_ __"" Consent Calendar - Mi nu tes Ord. #80-8 Uniform ,.... Admi n. Code I t '..... Ord. #80-9 Pub. Toilets ... -" 4379 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: (Councilwoman Albert entered and took her seat at the Council table.): Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich. 1980; Approved the Minutes of the Regular Council Meeting of March 17, Adopted Ordinance No. 80-8 amending Section 6.1 of the City Code allowing the Uniform Administrative Code to be adopted by resolution. ORDINANCE NO. 80-8 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 6.1 OF THE GILROY CITY CODE SO AS TO ADOPT, SUBJECT TO MODIFICATION, BY RESOLUTION THE UNIFORM ADMINISTRATIVE CODE TO APPLY IN THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of April, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Adopted Ordinance No. 80-9 enacting Section 6.3 of the City Code pertaining to Public Toilets. ORDINANCE NO. 80-9 AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 6.3 OF THE GILROY CITY CODE PERTAINING TO PUBLIC TOILETS. PASSED AND ADOPTED this 7th day of April, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; - Ord. #80-10 re: Adopted Ordinance No. 80-10 Amending Chapter 12A of the City Code Issuance of Amending Section 12A.130 of Division 1 of Article III relating to Issuance Bonds of Bonds. Set April 21, 1980, as a Public Hearing date on a prezoning request Obata Bros. on existing County Agricultural Land located on the west side of Luchessa Avenue, east of the SPRR on 92.3 acres to M2 (General Indus- trial) District; Set April 21, 1980, as a public hearing date on a rezoning request of Daniel B. Carrillo from R1 (Single Family Residence) to R3 (Low-Density Multiple Residence) District located on the south side of East Sixth Street at the South Valley Freeway on 0.4 acres; Budgeted Approved a report on Budgeted purchases exceeding $1,500.00. Purchases Bids re: lease- Assistant City Administrator Reinsch presented and explained a 1st & Prince- proposal to lease a portion of the city property at Princevalle and First valle Prop. Streets. Councilwoman Hughan noted that she would be absent in any dis- cussion and action taken due to her interest in said property. Pub. Hear. re: Ri ngel-Arita Prezoning Pub.Hear. re: Obata Bros. Prezoning ~'" ~ Pub.Hear. re: D. Carrillo Rezoning .;""'1 - ORDINANCE NO. 80-10 AN ORDINANCE OF THE CITY OF GILROY, CALIFORNIA, AMENDING CHAPTER 12A OF THE GILROY CITY CODE BY AMENDING SECTION 12A.130 OF DIVISION 1 OF ARTICLE III THEREOF RELATING TO THE ISSUANCE OF BONDS. PASSED AND ADOPTED this 7th day of April, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Set April 21, 1980, as a Public Hearing date on a request of Ringel-Arita Corp. for prezoning from Al-2.5 (County Agricultural) to R1 PUD (Single Family Residence-Planned Unit;Development) District on approximately 16.4 acres located on the westerly side of Kern Avenue, north of Welburn Avenue; 4380 Pub. Hear. re: Hillside Zoni ng Ord. Pub. Hear. re: Urban Service Area Pub.Hear. re: RDO Numeri ca 1 Limits . ~': ' ,...... ....'~.r. ._.."...L~,}',:;""", Mr. Larry Connell, 7790 Miller Avenue, addressed the Council and further explained his plans for leasing the proposed property. Motion was made by Councilman Link seconded by Councilman Pate that Proposal No. 2 be approved as presented for lease of said property at $984.00 per year commencing April 8, 1980, for fifteen (15) years to April 8, 1995, with option of additional lease for ten (10) years, cash payment to be negotiated at that time by the following Roll Call Vote: Ayes: Council Members: Albert, Link, Pate and Goodrich. Noes: Council Members: Cunningham and Taylor. Absent: Council Member: Hughan. Council instructed the City Attorney to prepare the lease document for same. - ...... .-. - The Mayor stated that it was the time and place scheduled for the continued public hearing on a proposal to amend Section 50 of the Zoning Ordinance to provide a Hillside Zoning District. Planning Director Dorn presented and explained the Staff Report regarding same. Councilwoman Hughan, Chairwoman of the Council sub-committee further explained the recommendation of said committee. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. W. J. Hanna, Civil Engineer, addressed the Council further agreeing to the proposed Hillside Zoning District draft ordinance. The Mayor asked if there was anyone further 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 Cunningham seconded by Councilman Pate and carried that the public hearing be closed. Discussion was ... had by Council. ..-. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the reading of the proposed ordinance be waived and that it be published by title and summary. The Mayor stated that it was the time and place scheduled for the continued public hearing to consider revision and possible removal of lands from the present Urban Service Area for the City of Gilroy. City Administrator Wood noted that Mr. Jerry Hoff has requested continuance of this public hearing to the April 21, 1980, regular Council meeting. The Mayor asked if there was anyone in the audience wishing to speak on the matter that could not be present on April 21, 1980. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the continued public hearing be further continued to April 21, 1980, regular Council Meeting. The Mayor stated that it was the time and place scheduled for the Public Hearing on establishing numerical limits for 1981, 1982 and 1983, required under the Residential Development Ordinance. ........ ~"""".~- Planning Director Dorn presented and explained the Staff Report and recommendation on same. The Mayor asked if there was anyone 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 public hearing be closed. - Discussion was had on the matter by Council. ,._v _, ~ - - Res. #80-33 ,...- -- Pub. Hear. re: Beno Pre- zoning JII""'''' ....... Pub. Hear. re: Neg. Declara- tion on Ind. Wastewater Modifi ca ti ons ,..... .... ~ 4381 Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 80-33 be waived and that it be adopted as recommended. RESOLUTION NO. 80-33 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING NUMERICAL LIMITS FOR RESIDENTIAL DWELLING UNITS TO BE ISSUED BUILDING PERMITS FOR EACH OF THE YEARS, 1981, 1982 and 1983. PASSED AND ADOPTED this 7th day of April, 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 public hearing on a prezoning request of J. F. & Jean Beno on approxi- mately 16.7 acres located at the southwest corner of Las Animas and Murray Avenues from Al-2.5 (County Agricultural) Zone to M2 (General Industrial) District. Planning Director Dorn presented and explained the Staff Report regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mrs. Jean Beno addressed the Council and requested the City's cooperation in prezoning her property. Mr. W. K. Henry, Jr., Civil Engineer, addressed the Council and further explained the proposal and noted that the Planning Commission's recommendation to impose industrial park requirements on said property is acceptable to the applicant. Mr. Lloyd Martin, property developer of the ten (10) acre parcel, addressed the Council and further explained the Industrial Park plans for said property. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the public hearing be closed. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the reading of a proposed ordinance prezoning said property be waived and that it be published by title and summary. The Mayor stated that it was the time and place scheduled for a public hearing on intent to issue a Negative Declaration for proposed modifications to Gilroy's Industrial Wastewater Treatment Plant. The Initial study for same was noted, same previously distributed to Council. City Administrator Wood presented an Addendum to said modifications and recommended approval of same. The Mayor asked if there was anyone 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 Pate and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that a Negative Declaration be issued for the proposed modifications to include the Addendum as recommended for Gilroy's Indus- trial Wastewater Treatment Plant. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. 4382 Lewis St. Improvements Industri a 1 Lands League Bulletin P & R Dept. Revenue Sharing Historical Heritage Commission (Co.) ,..., .~-_'~-r-' .,,_ L_Ul.._....~~ City Administrator Wood reported that the residents on Lewis Street wished to address Council in regard to the Lewis Street Improve- ment Project costs noting that they state they were previously comit- ted an optional installment payment plan over five (5) years at a .. ten percent (10%) interest rate. - Mr. Linton Kludt, 480 Lewis Street, representing the Lewis Street residents, presented a petition and further explained that in 1978 or 1979 they were informed by City Staff that individual costs for said improvement could be paid on a five to ten year basis at an eight to ten (8-10%) percent interest rate. Mr. David V. Stout, 1331 Fernwood Lane (former Councilman), .. addressed the Council noting that he attended the second meeting of the residents in the Lewis Street Project and was invited as an indi- -- vidual and was, at that time, not representing the City of Gilroy. Director of Public Works-City Engineer Hansen further explained that no firm interest figure was ever established since he had signed agreements from all of the property owners within the proposed improvements. Motion was made by Councilman Cunningham that the Lewis Street residents be allowed to pay their costs of the improvement project within ten (10) years at an eight (8%) percent maximum interest rate. Motion died for lack of a second. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the matter be continued to the April 21, 1980, Council Meeting to allow Staff to determine if Council had ever established a maximum interest rate for Lewis Street property owners to pay the cost of said improvement project. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Mr. David V. Stout, 1331 Fernwood Lane, addressed the Council in regard to the availability of Industrial lands in the City of Gilroy, specifically, northeasterly portion of the City, recommending that said area be planned as an industrial area for the future. ...... - The League of California Cities Legislative Bulletin, dated March 28, 1980, was noted and Council requested that Staff follow usual policy regarding same, specifically, to support the League's position on said legislation. A letter from Mr. Lee S. Glidden, Jr., re: Children's Enter- tainment was noted. The Mayor referred said letter to the Parks and Recreation Department for their consideration. A letter from the City of Norwalk in re: to Revenue Sharing was noted. Council instructed the City Administrator to inform local representatives in Congress that the City supports same. A letter from the Historical Heritage Commission was noted re: Local Nominations for Excellence. Council referred same to the City's Advisory Historical Heritage Committee. The following informational items were noted with no separate discussion on same: ..., - County of Santa Clara (LAFCO) modification of City of Gilroy's Urban Service Area; Announcement of a Retirement Dinner Honoring Chief Laizure on May 23, 1980; Secretary of Agriculture in re: to 566 Project; .. -...i . .--,,,,,,~,., ,- ._R --..... """" ""-"'-'--"'-"'---r~_'~'..~__.,^"" ~,;.~~-..,.___.___._" ~ ' - - ........ ....... Plan. Com. 3/20/80 M.H. Business Pk.-EIR - Pl an. Com. 4/3/80 ..... Cap. Imp. Prog. P & R Com. 3/18/80 State Hearing Truck Scale Location ,..... Grant re: Focal Point .... ~.... - Personnel Com. 3/25/80 4383 Peninsula Division - League of California Cities Meeting April 10, 1980; Luncheon Optimist, Thanking the Gilroy Police Department for assistance on "Sweetheart Run"; Library and Culture Commission's appointment of Official Museum Photographer; Department of Transportation Hearing on Truck Scale location Apri 1 23, 1980; Lorna Prieta Resource Conservation District re: Endorsement of the Llagas (566) Project; Santa Clara Valley Water District confirmation of appointment of Councilperson Albert to the Water Commission; Public Utility Commission Report ACR-30; and West Valley College District invitation to a demonstration Gas Cap Program (Conservation). The Report of the Planning Commission Meeting of March 20, 1980, was noted. A memo in regard to Morgan Hill Business Park E.I.R. was noted and further explained and reviewed by Planning Director Dorn. Motion was made by Councilman Taylor seconded by Councilwoman Albert and carried that the City endorses and supports the Staff's recommendation regarding same. The Report of the Planning Commission Meeting of April 3, 1980, was noted. Council noted the proposed Capital Improvement Program for 1980-85 and set April 14, 1980, at 8:00 p.m. as a Council Study Session for same. The Minutes of the Parks and Recreation Commission Meeting of March 18, 1980, were noted. The Minutes of the Senior Citizens' Advisory Council Meeting of February 19, 1980, were noted. A recommendation on Wheeler Auditorium Conversion and usage of same by the Parks and Recreation Department was noted and tabled to the April 21, 1980, regular Council Meeting for additional information on same. re: City Administrator Wood inquired if Council wished to take a position at the State Hearing of April 23, 1980, re: Truck Scale location. Councilman Taylor noted that he would attend same and Council indicated that they did not wish to take any position on the matter. The Focal Point Concept under the Parks and Recreation Commission Minutes was noted. Parks and Recreation Director Ayer requested authorization to file a grant for said Focal Point Concept, noting that same must be filed by April 18, 1980. t10tion was made by Councilwoman Hughan seconded by Counci lman Pate and carried that a grant for said Focal Point Concept be filed as recommended. The Report of the Personnel Commission Meeting of March 25, 1980, was noted. 4384 Monthly Reports Disbursements Equipment New City Hall Concession Stand-Xmas Hill Pk. Meet & Confer Equipment 7th St. Imp. Proj. 80-1 Uvas Park Bikeway Proj. 80-2 Water Services __ _"__,'_<"'."_'r'-..,,_..,,.~.,,_.-...-......- '., ..,_ '...__",....__... ...........___'_.">->..- r_.~C.,." Motion was made by Councilman Link seconded by Councilman Pate and carried that the Salary Range of 35 ($1,502-$1,824) for HCD Grant Coordinator be approved, as recommended by Staff. ... - The Summary of Monthly Reports of March, 1980, was noted. The Report of Disbursements from March 1, 1980, through March 31, 1980, was noted. ... City Administrator Wood presented a recommendation to pur- chase two (2) computerized cash registers for the New City Hall in the amount of $13,376.00. - Purchasing Agent Reinsch further explained the proposal. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried by the following Roll Call Vote that two (2) computerized cash registers be purchased for the New City Hall as recommended: Ayes: Council Members: Albert, Hughan, Pate and Taylor. Noes: Council Members: Cunningham, Link and Goodrich. City Administrator Wood presented a report on a Concession Stand Lease at Christmas Hill Park, with Stagg Youth Football. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the City be authorized to enter into a Lease Agreement with Stagg Youth Football for said Concession Stand as recommended. City Administrator Wood presented a report on preparation of this year's Meet and Confer Sessions. Discussion was had by Council. Motion was made by Councilman Link seconded ~y Councilman Cunningham and carried that negotiations begin with Staff and the Associations rather than hiring a consultant for same. ... - Director of Public Works-City Engineer Hansen presented a report on defective and costly steam cleaner at the City's Shop~ Discussion was had. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the 1979-80 Budget be amended in the amount of $6,000.00 toward the purchase of a new steam cleaner machine rather than repair of the present machine. Councilman Cunningham voted "no" on the motion. Director of Public Works-City Engineer Hansen presented a request for authorization to advertise bids for Seventh Street Improvements (Phase I Storm Drain in Chestnut Street)iProject 1980-1. Motion was made by Councilman Link seconded by Councilman Taylor and carried that bids be advertised for Seventh Street Improve- ments Project 1980-1 as recommended. Director of Public Works-City Engineer Hansen requested authorization to advertise bids for Uvas Park Bikeway (Phase I Pro- ject 1980-2). -- Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that bids be advertised for Uvas Park Bikeway, Phase I, Project 1980-2 as recommended. ~ Director of Public Works-City Enqineer Hansen presented and explained a report on Status of efforts to eliminate the Drought- Emergency Water connections. Mr. Mario Fiorio, addressed the Council requesting permission - to continue use of city water for the two (2) residences on his property because of inadequate water supply. - ....... ""M" Industrial Wastewater Pond System 438'5 Discussion was had on the matter. Council continued Mr. Fiorio's request to the April 21, 1980, regular Council Meeting to allow Staff to investigate the possibility of LAFCO allowing annexation of Mr. Fiorio's two (2) acre portion of his property presently outside the Urban Service Area on a hardship basis and to determine what the development costs would be for same. Director of Public Works-City Engineer Hansen requested authoriza- tion to advertise bids for earthwork on the Industrial Wastewater Pond System. ... Motion was made by Councilman Link seconded by Councilman Pate and carried that bids be advertised for the earthwork on the Industrial Wastewater Pond System as recommended. Real Estate A proposed ordinance amending Section 13.40-53 of the City Code License Fees pertaining to license fees regarding real estate was presented for introduction. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of the proposed ordinance be waived and that it be introduced and published by title and summary to include a change in the wording from "a" broker to "each" broker. Res. #80-34 re: A resolution establishing charges relating to water service as Water Service provided in Chapter 27 of the City Code was presented. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 80-34 be waived and that it be adopted. - .... Classification Study ....... .... Police Dept. I nd. Dev. ~*! - Police Dept. RESOLUTION NO. 80-34 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING CHARGES FOR WATER SERVICE AS PROVIDED IN CHAPTER 27 OF THE GILROY CITY COD E . PASSED AND ADOPTED this 7th day of April, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A report of the Council Classification Advisory Committee and recommendation re: Foss/Personnel Commission/Employee Classification Study was ntoed and further explained by Chairman Cunningham. Councilwoman Albert recommended that the Fire Department personnel be reviewed by Council at an early date in view of the problem and request of the Fire Department Association. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the report and recommendation of the Council Advisory Committee be approved. Personnel Director Reinsch noted the recommendation that the existing classification of Recreation Supervisor I and II be retained instead of the proposed Recreation Supervisor classification. Council referred same to the Personnel Commission for their recommendation on the matter. Councilman Taylor presented a proposal of City of Gilroy's Police activities being administered by the Sheriff of the County of Santa Clara for Council consideration. Councilman Taylor inquired of City policy in regard to deferment of Industrial Development fees. Discussion was had. Councilman Cunningham requested a statistical report from January 1, 1980, re: local crime. 4386 Adjournment Roll Call Gi ft re: L. Eloff Consent Calendar Minutes Ord. #80-8 Unif. Admi n. Code City Administrator Wood reported on the status of testing for the Chief of Police position. lllIIIII At 10:31 p.m., the Mayor adjourned the meeting. Respectfully submitted, j~~~~ - ... - Apri 1 7, 1980 Gilroy, California The Regular Meeting of the Gilroy City Council order by His Honor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Brian D. Cunningham, Rober a H. Hu han, Marion T. Link, John E. Pate, Robert E. Taylor and orman B. Goo ich; Absent: Council Member: Sharon Albert. The Mayor noted a gift to be presented Police C mander Lee Eloff, cently retired, presently living in Lake Cou y. Motl n was made by Councilman Link seconded y Councilwoman Hughan that e following items under the Consen Calendar be approved by the follow g Roll Call Vote: (Councilwoman bert entered and took her seat at the Council table.): Ayes: Council embers: Albert, Cun- ningham, Hughan, ink, Pate, Taylor and Goodr. ch. Approved the Minutes of the Regular ouncil Meeting of March 17, 1980; Adopted Ordinanc No. 80-8 amen ing Section 6.1 of the City Code allowing the Unifor Administrat ve Code to be adopted by reso- lution. - ~ AN ORDINANCE OF THE CITY OF GI OY AMENDING SECTION 6.1 OF THE GILROY CITY CODE SO AS TO ADOPT, SUB C TO MODIFICATION, BY RESOLUTION THE UNIFOR~1 ADMINISTRATIVE CODE 0 AP Y IN THE CITY OF GILROY. PASSED AND ADOPTED this 7t day of pril, 1980, by the following vote: AYES: COUNCIL MEMBERS ALBERT, C NINGHAM, HUGHAN, LINK, PATE, TAYLOR and OODRICH NOES: COUNCIL MEMB S: NONE ABSENT: COUNCIL MEM RS: NONE; Ord. #80-10 re: Adopted Ord' ance No. 80-10 Amending Chapter 12A of the City Issuance of Code Amending Sec ion 12A.130 of Division 1 f Article III Relating Bonds to Issuance of B nds. Pub.Hear. re: Ringel-Arita Prezoning ORDINANCE NO. 80-10 AN ORDINAN OF THE CITY OF GILROY, CALIFORNIA, AM DING CHAPTER 12A OF THE GI OY CITY CODE BY AMENDING SECTION 12A.130 DIVISION 1 OF ARTICLE II THEREOF RELATING TO THE ISSUANCE OF BONDS. PASSED NO ADOPTED this 7th day of April, 1980, by the AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; - - Set April 21, 1980, as a Public Hearing date on a reques of Ringel-Arita Corp. for prezoning from Al-2.5 (County Agricultura to R1 PUD (Single Family Residence-Planned Unit Development) Distric on approximately 16.4 acres located on the westerly side of Kern Avenu , north of Welburn Avenue; ... .....