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Minutes 1980/06/02 r - -,- ...~.--..--_. '",,~' ,--~, ,'~- -, , - -... .," - - -~-- . . 4409 June 2, 1980 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 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. Consent Calendar The City Attorney recommended removing Item II.F, Ordinance amending Section 21.53 of the Gilroy City Code to provide that all fees required upon submission of subdivision maps shall be established by resolution of the Council, for discussion of same. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried by the following Roll Call Vote that the following items, excepting Item II.F be adopted: Ayes: Council Members: Albert, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council Member: Cunningham. t.1i nutes Approved the Minutes of the regular Council Meeting of May 19, 1980; 4410 Ord. #80-17 re: Fil i ce Prop. Prezoni ng Injury Claim- F. Lopez So. Monterey St. Beaut. Proj. Subdivision Fees. Ord. #80-18 Bids re: Ind. Cl eani ng t.1ach- ine & Maint. Kettle Pub.Hear. re: K.H. Chang Rezoning & Appeal Adopted Ordinance No. 80-17 prezoning property of Ernest and William Filice, et al, on 21.3 acres located approximately one-half (1/2) mile west of Santa Teresa Boulevard from (County Agricultural) Zone to RH (Hillside) District. - ORDINANCE NO. 80-17 ORDINANCE OF THE CITY OF GILROY At1ENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 21.3 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE NORTH SIDE OF HECKER PASS HIGHWAY APPROXIMATELY ONE-HALF MILE WEST OF SANTA TERESA BOULEVARD AS RH (RESIDENTIAL HILLSIDE) DISTRICT. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL ME~1BERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM; - - - Denied claim of Mr. F. Opez for personal injuries; and Approved Notice of Completion for South Monterey Street, Seventh to Tenth Streets, Beautification Project (HCD) as recommended. The City Attorney noted recommended changes in the proposed Ordinance amending Section 21.53 of the Gilroy City Code providing that all fees required upon submission of subdivision maps shall be established by resolution of the Council. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Ordinance No. 80-18 be waived and that it be adopted with changes as noted by the City Attorney. ORDINANCE NO. 80-18 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 21.53 OF THE GILROY CITY CODE SO AS TO PROVIDE THAT ALL FEES REQUIRED UPON SUB- MISSION OF SUBDIVISION ~~PS SHALL BE ESTABLISHED BY RESOLUTION OF THE GILROY CITY COUNCIL. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL r.1Er1BERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM - - City Administrator Wood presented a report on bids received for an Industrial Cleaning Machine and Maintenance Kettle. Motion was made by Councilman Link seconded by Councilman Pate and carried that the bid of Hotsy Bay Area in the amount of $6,384.67 for the Industrial Steam Cleaner be awarded as recommended and that the low bid of Ricker Machinery Company in the amount of $4,784.78 for the Bottom Fired Asphalt Kettle be awarded as recommended. The Mayor stated that it was the time and place scheduled for simultaneous public hearings on a rezoning request of K. H. Chang on 0.523 acres located on East Eighth Street from C1 (Neighborhood Com- mercial) to R3 (Low-Density Multiple-Family) District. Planning Director Dorn presented and explained the Staff reports regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning and appeal. Mr. K. H. Chang, applicant, addressed the Council noting that he purchased the 1.722 acre parcel with the understanding that same was zoned R3. -- It was noted by Staff that the General Plan indicates a portion of the 1.722 acre parcel R3 and the back portion M2. 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. - -- Res. #80-47 ....... ... Res. #80-48 "..,., ........ Zoni ng Study Chestnut St. Area Pub.Hear. re: Bell Savings Appeal 11II"""o .... - Res. #80- 49 ...... 4411 Motion was made by Councilman Link seconded by Councilman Pate and carried that the public hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that a pro- posed ordinance be introduced rezoning the 0.513 acre parcel from C1 to R3 District and that same be published by title and summary. Motion was made by Councilman Link seconded by Councilman Taylor that Resolution No. 80-47 be adopted limiting the number of units on the 0.523 acre parcel to a maximum of sixteen (16) units per acre. RESOLUTION NO. 80-47 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A DENSITY OF SIXTEEN (16) UNITS PER DWELLING ACRE, IN CONJUNCTION WITH ORDINANCE NO. 80- REZONING A 0.523 ACRE PARCEL ON THE NORTH SIDE OF EAST EIGHTH STREET TO R3 (LOW-DENSITY MULTIPLE-FAMILY) DISTRICT. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Motion was made by Councilman Link seconded by Councilman Pate that Resolution No. 80-48 be adopted approving the recommendation of the Planning Commission denying the rezoning of 1.722 acre parcel. RESOLUTION NO. 80-48 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICATION OF K. H. CHANG TO REZONE 1.722 ACRES ON THE NORTH SIDE OF EAST EIGHTH STREET FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO R3 (LOW DENSITY ~1ULTIPLE- FAMILY) DISTRICT. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Motion was made by Councilman Link seconded by Councilman Pate and carried that the Planning Commission be instructed to re-study the zoning between Chestnut Street, Eighth and Ninth Streets and the neigh- boring area. The Mayor stated that it was the time and place scheduled for a Public Hearing on an appeal of Bell Savings & Loan (South Valley Plaza) on the decision of the Planning Commission re: denial of additional sign area for Bell Savings & Loan (South Valley Plaza). Planning Director Dorn presented and explained the Staff report regardi ng same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Ms. Thelma Ackley, Regional Manager of Bell Savings, addressed the Council concurring with the Bell Savings sign proposal. Mr. Gene Barber, Ad-Art Electronic Products, addressed the Council and explained the reasons for the sign appeal. 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 Pate and carried that the Public Hearing be closed. Discussion was had on' the matter by Council. Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 80-49 be waived and that it be adopted, approving the decision of the Planning Commission denying the additional sign area requested. 4412 Pub. Hear. re: F. Oley for U-Haul re- zoning Pub. Hear. re: Confl i ct of Int. Code Res. #80-50 Emsee Transp. Temp. Trailer Permit RESOLUTION NO. 80-49 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL THE DECISION OF THE PLANNING Cm1rUSSION DENYING ADDITIONAL SIGN AREA AT SOUTH VALLEY PLAZA. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM - - The Mayor stated that it was the time and place scheduled for a public hearing on a rezoning request of Frank Oley, applicant for U-Haul Company, on 1.51 acres located on the east side of Murray Avenue approximately 200 feet south of Leavesley Road from HC (Highway Commercial) to CM (Commercial/Industrial) District. .... - Planning Director Dorn presented and explained the Staff report. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Frank Oley, applicant for U-Haul, addressed the Council and explained the proposal for said rezoning request. Motion was made by Councilman Link seconded by Councilman Pate and carried that the public hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a proposed ordinance be introduced rezoning said property requested, to be published by title and summary. The Mayor stated that it was the time and place scheduled for a Public Hearing on adoption of a Conflict of Interest Code for the City of Gil roy. .... - The City Attorney presented and explained the contents of said resolution, adopting a Conflict of Interest Code for the City. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Pate < that the reading of Resolution No. 80-50 be waived and that it be adopted, adopting a Conflict of Interest Code for the City of Gilroy. RESOLUTION NO. 80-50 RESOLUTION OF THE COUNICL OF THE CITY OF GILROY ADOPTING A CONFLICT OF INTEREST CODE WHICH INCORPORATES BY REFERENCE, THE FAIR POLITICAL PRACTI CES COMMISS ION'S STANDARD t10DEL CONFLI CT OF INTEREST CODE. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCI L MH1BERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM ..- ...... The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. A letter from Emsee Transportation Company, M. Conrotto, re- questing an extension on a Temporary Trailer permit at 6490 Chestnut Street was noted and discussed. Discussion was had on the matter. ... - ~'''~ - League Bulleti n 4413 Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that a one year last and final extension be granted Emsee Transportation Company for a Temporary Trailer permit at 6490 Chestnut Street. The League of California Cities Legislative Bulletin, dated May 23, 1980, was noted and Council agreed to support the Leaguels recommenda- tions on same. Catholic Soc. A letter from the Catholic Social Service of Santa Clara County ~ Services requesting a $691.38 contribution to their Nursing Home Ombudsman Program was noted and referred to the 1980-1981 Budget Study Sessions. ..... Co. Task Force Res. #80-51 re: Hist. Bldg.- Assembly of God Church .~~-'\IIII ~ P & R Com. Meeting 5/20/80 Sr. Citi zens Adv. Council Meeti ng Oak Park Renamed Res. #80-52 ,... .... - .... A Memorandum of Cities' Action and County Response to County Task Force recommendations was noted. A letter from the Assemblia De Dios was noted requesting historical designation of their church at the southeast corner of Fifth and Church Streets. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert that the reading of Resolution No. 80-51 be waived and that it be adopted declaring the Church of the Assembly of God as anHistorical Building. RESOLUTION NO. 80-51 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE GREEK REVIVAL STYLE CHURCH AN HISTORICAL BUILDING. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL t~H1BERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM The following informational items were noted with no separate discussion on same: Gilroy Parents I Participation Nursery School, thanking the Fire Department for presentation and tour for their children; Mr. G. F. Turner, thanking the Police Department for service in protecting his sonls property; County Librarian in re: to Food Stamp Program; and City of Morgan Hill in re: to appointments to Joint Sewer Committee. The Minutes of the Parks and Recreation Commission Meeting of May 20, 1980, were noted. The Mi nutes of the Seni or Ci ti zens I Advi sory Counci 1 t1eeti ng of April 22, 1980, were noted. Mr. John Hughan addressed the Council representing the Kiwanis requesting that Oak Park be renamed IfRenz Park." He further explained the request. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 80-52 be waived and that it be adopted renaming Oak Park to Renz Park. RESOLUTION NO. 80-52 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY THAT OAK PARK BE RENAMED RENZ PARK. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM Pers. Com. Meet. The Report of the Personnel Commission Meetino of May 27, 1980, 5/27/80 was noted. 4414 Monthly Reports HCD Grant Coordinator The Summary of Monthly Reports of March and April 1980 were noted and discussed. ..... City Administrator Wood reported on a possible delay of the two (2) projects at the Sewer Treatment Plant because of the high water levels. He further noted a meeting scheduled with the Council Sewer Advisory Committee on June 3, 1980, at 9:30 a.m. - City Administrator Wood presented a recommendation to approve the Salary for HCD Grant Coordinator at Step C, Range 35.5. Councilman Link also recommended approval of same. Motion was made by Council- man Link seconded by Councilwoman Hughan and carried that the recom- mended HCD Grant Coordinator be hired at Step C, Range 35.5. .... .... RDO Amendment City Administrator Wood presented a proposed ordinance amend- ing the Residential Development Ordinance. Discussion was had on the matter. Agree. re: Maint. of Traffic Sig- nal Syst. Res. #80-53 Wren Ave. Tra ffi c Report Santa Theresa Swim Club Parking Res. #80-54 Motion was made by Councilman Link seconded by Councilman Taylor that the proposed ordinance amending the Residential Develop- ment Ordinance to include the three (3) recommendations, changing the third recommendation to read after "dwelling units", or (4) or fewer single family residential lots, etc., be introduced and pub- lished by title and summary. Councilwomen Albert and Hughan voted "no" on the motion. Director of Public Works-City Engineer presented a recommenda- tion to adopt an agreement providing for the continued maintenance of city-owned traffic signal system. t1otion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 80-53 be waived and that it be adopted authorizing execution of said agreement as presented. RESOLUTION NO. 80-53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN AGREEMENT NO. 04-5034-C FOR MAINTENANCE OF TRAFFIC CONTROL SIGNAL SYSTn1S IN THE CITY OF GILROY. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM ~ ... Director of Public Works-City Engineer Hansen presented and explained a Preliminary Report in regard to Wren Avenue traffic bet- ween Third and Sixth Streets noting specific actions to be implemented immediately and additional study to follow for possible actions on the installation of signals, stop signs, flashing lights and/or cross- walks following said study. The ~1ayor asked if there was anyone in the audience wishing to speak on the matter. Karen Havens, representing the petitioners, requesting instal- lation of various traffic safety devices at this location, addressed the Council and noted that the specific actions to be implemented are not significant to slow traffic on Wren Avenue by El Roble Park, further requesting installation of crosswalks at this time, stop signs or speed dips, and flashing lights at Third and Wren Avenue. Council took no action on same at this time. -- - Director of Public Works-City Engineer Hansen presented a Report on parking for Santa Theresa Swim Club. At 9:36 p.m., Councilman Link left the Council Chambers. ..... Director of Public Works-City Engineer Hansen further explained the recommendation permitting the parking arrangements requested. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 80-54 be waived and that it - ifJ"'-i,"'" - [ Dev. Fees 4415 be adopted permitting the parking as recommended for Santa Theresa Swim Club. RESOLUTION NO. 80-54 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING ANGLE PARKING AT THE NORTH END OF THE CUL-DE-SAC IN FRONT OF 7830 TO 7831 SANTA THERESA DRIVE. PASSED AND ADOPTED this 2nd day of June, 1980, by the fOllowing vote: AYES: COUNCIL MEt1BERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: CUNNINGHAM and LINK Director of Public Works-City Engineer Hansen presented recommenda- tions to modify existing and establish new Development Fees, further explaining same. Councilman Link entered at 9:40 p.m. and took his seat at the Council table. Park Acq. Fees ~1otion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the Park Acquisition Fees be approved at $400.00 per first bedroom and $100.00 each additional bedroom, to be drafted in the Development Fees resolution. Councilman Link voted "no" on the motion. fiI"""" '-- Pelland Pre- zoning Leavesley Rd. Policy Res. #80-55 ".... L - - Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the City Attorney be instructed to prepare a resolution setting the Development Fees as recommended by the Director of Public Works, replacing Resolutions No. 76-41, 76-47 and 78-14, to become effective July 2, 1980. Motion was made by Councilman Pate seconded by Councilman Taylor and carried that the City Attorney be instructed to prepare resolutions amending Resolution No. 80-29 referring to the Administrative Code referred to in "B" of the Director of Public Works' memo and Item "C" establishing the recommended fees with an enabling ordinance for same. Planning Director Dorn reported that the applicant on the proposed development plans for property of R. Pelland, et al, for 4.7 acres located generally 1,200 feet north of Leavesley Road, westerly side of Murray Avenue has requested continuance of said status report to the June 16, 1980, regular Council Meeting. Council continued same regarding adoption of an ordinance prezoning said property introduced at the May 19, 1980, regular Council meeting. Review of Leavesley Road Policy and Study recommended by the Planning Commission was noted. Councilwoman Hughan requested that said matter be continued to the June 16, 1980, regular Council Meeting noting that interested persons in her family desire to present information regarding same and were unable to be present at this meeting. The Mayor asked if there was anyone in the audience wishing to speak on the matter. Hearing none, he continued said matter to the June 16, 1980, regular Council Meeting. Councilman Taylor recommended adoption of a resolution in memory of Eldred Holdaway, former owner of the Gilroy Ambulance Service. Motion was made by Councilman Taylor seconded by Councilman Link that the reading of Resolution No. 80-55 be waived and that it be adopted. RESOLUTION NO. 80-55 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY UPON THE PASSING OF ELDRED HOLDAWAY. PASSED AND ADOPTED this 2nd day of June, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM 1- 4416 L 1 agas Fl ood Control Project Arc h . & Site Control Committee Budget Study Session July 4th Celebration .- ., ,,- -. - -- ~Councilman Link reported that the Llagas Flood Control Project Levee on the east side and a new bridge at Thomas Road have been scheduled for construction in 1981. The Mayor presented a letter from the Chamber of Commerce recommending a seven (7) member committee for the Architectural and Site Control Committee. Council referred same to the Planning Depart- ment for possible Zoning Ordinance amendment, to allow same. City Administrator Wood reported that the Council Budget Study Session scheduled for June 5, 1980, will be at the Gilroy Community Center and requested an Executive Session of the Council in the event discussion is required regarding the Meet and Confer process. Council concurred. City Administrator Wood noted a recommendation of the Director of Parks and Recreation for support in the 4th of July Fireworks Celebration proposed, funds permitting. Council had no objection to same. Director of Parks and Recreation Ayer further explained the proposal, noting advertisement of same in the Parks and Recreation Acti vity Gui de. City Administrator Wood presented an interim organizational report from the Police Chief for study by Council prior to the June 5, 1980, Budget Study Session. Hanna St. Apts. City Administrator Wood reported on sale of the six (6) unit apartment building on Hanna Street in the amount of $25,000.00, noting the terms at $5,000.00 deposit with the balance to be paid in six (6) months at 13% interest. Adjournment At 10:21 p.m., the t~ayor adjourned the meeting. Respectfully submitted, ~c~t-~b ~~ \ \ , '. ."..., ,_, ..."L,~.. ,"~...' ,,_' .-- ,\---;.... ".. --i(! "';;-'\~~~""""",~."..~..... ~ ..,~......" '''''' , ." '. d' ,. , " ,'" "",",~, ,.... . . "\"".' -,._. ~..... '. ,../-.~ '.....'~' },.-" ,-,