Minutes 1980/11/03
4484
Ro 11 Ca 11
Consent
Calendar
November 3, 1980
Gilroy, California
The Regular Meeting of the Gilroy City Council was called
to order by His Honor Mayor Norman B. Goodrich.
The Mayor declared a moment of silence in memory of Mrs.
Eddys Thomas, mother of City Clerk, Susanne Steinmetz.
Present: Council Members: Sharon Albert, Brian D. Cunning-
ham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E.
Taylor, and Norman B. Goodrich.
Motion was made by Councilman Link seconded by Councilman
Pate that the following items under the Consent Calendar be adopted
by the following Roll Call Vote: Ayes: Council Members: Albert,
Cunningham, Hughan, Link, Pate, Taylor and Goodrich.
Ord. #80-30 re: Adopted Ordinance No. 80-30 amending Municipal Code Section
Sick Leave 17.5 re: Sick Leave Policy;
H . .'-".., .....,.._'..._,~,,..\.,..,,,...~. ... ~; ''''-W-''',~ "-. -,...... .-.- ,..",. ,-",fo_' ,.'.: ,h_
Ord. #80-31
1. Ki ng
Rezoning
ORDINANCE NO. 80-30
AN ORDINANCE OF THE CITYCOUNCIL OF THE CITY OF GILROY REPEALING
SECTION 17.5 OF THE GILROY CITY CODE.
PASSED AND ADOPTED this 3rd day of November, 1980, by the following
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE,
TAYLOR and GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: NONE;
re: Adopted Ordinance No. 80-31 rezoning a 2.41 acre parcel of
land located at the northwest corner of Morey Avenue and Hecker Pass
Highway from R1 (Single Family) to R3 (Low-Density Multiple Family)
District, Thomas A. King, applicant.
ORDINANCE NO. 80-31
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF
SAID CITY BY REZONING A 2.83 ACRE PARCEL ON THE NORTHWEST CORNER OF
MOREY AVENUE AND HECKER PASS HIGHWAY FROM R1 (SINGLE FAMILY RESIDEN-
TIAL) TO R3 (LOW-DENSITY MULTIPLE FAMILY RESIDENCE) DISTRICT.
,...........,_.., :,..\_.","_.'_~,,~.. .0'.....,..; ,_. .x...... :,.. ___ "",;", I,'
, " .' '-., ~ ",. w
.....!,: ',.._\.~...." _ _ _. _" ", '." ,", e\.._ " .... .,....... ,'.,_
-
......
Ord. #80-32
Wm.Hemphill
Rezoning
.......
f
......
Sa 1 a ry
Increases
....""
.....
Dev. Agree.-
D.Mello
Const.
Pub. Hear. re:
Dance Hall
Permit-
01 ivares
Minutes
Weed Abate.
Contract
4485
PASSED AND ADOPTED this 3rd day of November, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;
re: Adopted Ordinance No. 80-32 rezoning a 4,800 s.f. parcel of land
located at 164 W. Sixth Street between Church and Eigleberry Streets from
R3X (High Density Multiple Residence) District to C1 (Neighborhood
Commercial) District, William Hemphill, applicant.
ORDINANCE NO. 80-32
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING THE PARCEL AT 164 WEST SIXTH STREET FROM R3X (HIGH-
DENSITY MULTIPLE RESIDENCE) DISTRICT TO C1 (NEIGHBORHOOD COMMERCIAL)
DISTRICT.
PASSED AND ADOPTED this 3rd day of November, 1980, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE;
Approved Salary Achievement Increases for the following eleven
(11) City employees: Brooks Hall, Maintenance I, 26-A, $1,090/mo. to
26-B, $1,145/mo.; Evelyn Peterson, Account Clerk, 24.5-C, $1,117/mo. to
24.5-D, $1,174/mo.; Rhonda Pellin, Secretary, 25.5-C, $1,174/mo. to
25.5-D, $1,232/mo.; Mike Duke, Groundskeeper II, 28.5-A, $1,232/mo. to
28.5-B, $1,294/mo.; Norman Garcia, Groundskeeper II, 28-B, $1,262/mo. to
28-C, $1,325/mo.; Richard Martinez, Wastewater Treatment Plant Operator I,
28-A, $1,202/mo. to 28-B, $1,262/mo.; Robert Elia, Water Supervisor,
33-D, $1,777/mo. to 33-E, $1,866/mo.; Julia Ines, Clerk Typist, 22.5a-B,
$975/mo. to 22.5a-C, $1,024/mo.; Kim Merrill, Police Officer, 32.5-C,
$1,703/mo. to 32.5-D, $1,788/mo.; Kay Abruzzini, Records Clerk, 23.5-A,
$l,OOO/mo. to 23.5-B, $1,050/mo.; and Norman Chapin, Police Officer,
32-A, $1,507/mo. to 32-B, $1,582/mo.;
Approved a Development Agreement with Daniel Mello Construction;
Set a Public Hearing date of November 17, 1980, re: revokation of
a Dance Hall permit at 7747 Monterey Street, Hope and Roel Olivares,
applicants; and
Approved the Minutes of the Continued Regular Council Meeting of
October 27, 1980.
City Administrator Wood presented a report on two (2) bids
received for the 1981 Weed Abatement Contract, noting the low bid was
submitted by C. J. Simms Co., Inc. Motion was made by Councilman Link
seconded by Councilman Pate that the reading of Resolution No. 80-106
awarding the 1981 Weed Abatement Contract to C. J. Simms Co., Inc. be
waived and that it be adopted.
RESOLUTION NO. 80-106
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AWARDING THE
1981 WEED ABATEMENT CONTRACT.
PASSED AND ADOPTED this 3rd day of November, 1980, by the following vote:
r- AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR
f and GOODRICH
~ NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
Presentation of Mr. Al Gagliardi presented a gavel to Mayor Goodrich which he made
Gavel by Al from a piece of black walnut wood from a tree grown in the yard of
Gagliardi Paul and Katherine Shceck. Mr. Gagliardi explained the gavel is the per-
__ sonal property of the Mayor with the stipulation that same be placed in
the display case at City Hall when the Mayor retires from office.
-
4486
AMD Project
Las Animas
Tech. Park
Monthly
Reports
Inspect. Fees
re: Barrooms
Security Agree.
re: Acquisi-
tion of 39
ac. for perc.
ponds
Mr. George Scalise, Vice President of Administration and
National Operations for Advanced Micro Devices, addressed the
Council and presented a brief report on the status of the AMD
project. He further noted that they are hopeful that a draft
Environmental Impact Report will be presented to the City within
the next ten days for Staff review. Mr. Scalise also noted that
they are hopeful the processing of the various requests by LAFCO
and the City, together with the prezoning and annexation applica-
tions, will not delay the project. They are optimistic that the
project can be approved within their time frame.
Mr. John Filice, on behalf of the landowners, addressed the
Council noting that only one (1) application (for 100+ acres) has
been submitted for inclusion in the Urban Service Area.
...
....
--
-
Mr. Mark Difiore, resident of Gilroy, addressed the Council
and expressed his concerns about this area on Santa Teresa Boulevard
being developed as industrial and the impact such development would
have on the City. He further stated he would be in favor of a
surveyor vote of the people to see what their feelings are about
the proposed project.
A letter from Reimer Associates advising the City of their
plans to apply for annexation of property between Gilman Avenue
and the Ronan Channel for their proposed Las Animas Technology
Park was noted. It was also noted that no further annexations
would be considered until after adoption of the Industrial Develop-
Guidelines.
The following informational items; were noted with no separate
discussion on same:
Letter from Santa Clara Valley Water District re: the re-
appointment of Marion Link as representative, and Roberta Hughan,
David Hansen, and Michael Dorn as alternate representatives to the
South Flood Control Zone Advisory Committee;
--
Letter from the California Regional Water Quality Control
Board - Central Coast Region in appreciation for the use of the
Council Chambers on October 24, 1980; and
-
Letter from the Loma Prieta Resource Conservation District
re: Erosion Control Training Sessions.
City Administrator Wood presented a Summary of the Monthly
Reports for September 1980.
City Administrator Wood presented a request from the Direc-
tor of Public Works to change the fees for permits and inspections
of barrooms, saloons and taverns from $10 to $40 annually to cover
costs incurred for the inspection of these establishments. The
City Attorney explained the options Council has for the changing
of said fees.
Motion was made by Councilman Pate seconded by Councilman
Link and carried that an ordinance allowing for the inspection and
permit fees for barrooms to be set by resolution be introduced,
published by title and summary and the reading waived, and that a
resolution setting said fees be adopted after the ordinance is in
effect.
--
-
City Administrator Wood explained a security agreement with
E.P.A. required for the grant-funded acquisition of 39.5 acres of
land for the new domestic sewer ponds. Motion was made by Council-
man Link seconded by Councilman Taylor and carried that the security
agreement with E.P.A. be approved and authorized execution of same.
-
Ii"
-
Non-Conforming
Use @ 7744
Eigleberry-
J. Kazanj i an
...
r
--
M. Kerr re:
Mobil e
Tra il er
,.-
l......
Def. Compo
& Agreement
.
Library Pkg.
Rosanna St.
Imp. Proj.
r-
I...
-
....
4487
Discussion was had on Council IS actions of October 27, 1980,
granting the request of Jack Kazanjian for an extension of the one year
grace period for a pre-existing use (body shop) at 7744 Eigleberry Street.
City Attorney Jacobs stated that after reviewing Section 72 of the
Zoning Ordinance, he does not find a method or provision for extension,
continuance, or renewal without some type of original application by the
applicant through a regular zoning process.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the actions of the Council at their last
meeting regarding this request be reconsidered. Motion was then made
by Councilman Cunningham seconded by Councilwoman Hughan and carried
that the determination by the Council of last meeting granting a one
year grace period for a pre-existing use (body shop) at 7744 Eigleberry
Street be rescinded.
Mr. Jack Kazanjian, owner of the property in question, addressed
the Council and noted that actual body shop activity ceased about July
1979. He further stated he would be willing to go through whatever
procedures are required.
City Administrator Wood noted the continuation of a request by
Mr. Mert Kerr, 7200 Princevalle Street, for permission to store a mobile
home in back of his property on Princevalle Street. He further noted
the report of the Director of Planning indicating that this specific
mobile home which is 50' long exceeds the proviso in the Code which is
limited to 40 feet.
Discussion was had by Council on the matter.
Mr. Mert Kerr, 7200 Princevalle Street, addressed the Council and
furhter explained his request for temporary storage of the trailer.
Motion was made by Councilman Link seconded by Councilwoman Hughan
and carried that the request of Mr. Kerr to place a mobile home in the
rear yard of his single-family residence at 7200 Princevalle Street be
denied.
Plan Assistant City Administrator Reinsch presented a request for
approval of the updated Deferred Compensation Plan and an agreement with
Planning and Retirement Systems Corporation. He further requested that
a section be added indicating they are bonded for $1 Million Dollars.
It was noted that there is no financial obligation by the City for this
service.
Motion was made by Councilman Pate seconded by Councilman Taylor
and carried that the updated Deferred Compensation Plan be approved.
Motion was made by Councilman Pate seconded by Councilman Taylor
and carried that the agreement with Planning and Retirement Systems
Corporation be approved subject to the bonding provision.
Loti Director of Public Works-City Engineer Hansen presented a recom-
mendation to approve plans and specifications for the Library Parking Loti
Rosanna Street Improvement Project. Said project includes the installa-
tion of a parking lot in the area formerly occupied by apartments on the
west side of the library; landscaping in the vicinity of that parking
lot; the replacement of various sections of curb and gutter along the
Rosanna, Hanna and Seventh Streets frontages of the new City Hall site;
the landscaping of the streetside planter areas along those same frontages;
and the construction of various islands along Rosanna Street between
Sixth and Seventh Streets in accord with the Civic Center Master Plan.
This project also includes the resurfacing of the Golf Course driveway
which has been scheduled for completion but this is the first resurfacing
project it could be tied into.
Discussion was had re: maintenance problems and making Rosanna
Street a partial one-way street.
4488
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham that the plans and specifications for the Library Parking
Lot/Rosanna Street Improvement Project be approved and be sent out
for bids. The motion was approved by the following Roll Call Vote:
Ayes: Council Members: Albert, Cunningham, Hughan and Pate. Noes:
Council Members: Link, Taylor and Goodrich.
....
-
D4 Tractor
Maint.
Director of Public Works-City Engineer Hansen presented a
recommendation to amend the budget in order to perform major un-
budgeted maintenance on the D4 Tractor. He stated that the cost
for said maintenance is in the approximate amount of $20,000 and
that there is only $1,800 budgeted for work on the tractor this year.
He further noted that Account #06-600-2910 would have to be amended
in the amount of $18,200 to cover this work.
.-Ill
-
Motion was made by Councilman Taylor seconded by Councilman
Link and carried that the budget be amended in the amount of $18,200
to cover the maintenance costs for the D4 Tractor.
Ind. Design
Guidelines
Planning Director Dorn noted that Council had before them
copies of the Industrial Design Guidelines as recommended by the
Staff and the Planning Commission. He further noted that these
are merely guidelines for the Architectural and Site Committee and
the Planning Commission to use in reviewing potential industrial
development and would also be used by the designers for their
guidance.
Discussion was had by Council in regard to fencing and
screening, zero lot lines, bicycle pathways, and landscaping. It
was stressed by Council that these guidelines should not be treated
as facts or requirements.
Planning Director Dorn stated that what they are trying to
do is to set up a criteria where the industrial developers can be
more creative in what they do and what they develop in the City,
rather than stifle that creativity by placing these guidelines in
ordinance form. He further noted that these guidelines would not
apply to the already built-up exisint areas in the City, but to
the new areas.
-
-
Further discussion and recommendations were made by Council.
Councilman Taylor suggested that Mr. Dorn's remarks regarding indus-
tries to be creative and innovative should be included in the intro-
ductory remarks of the guidelines.
Motion was made by Councilwoman Hughan seconded by Council-
man Cunningham and carried that the Industrial Design Guidelines
be adopted with the recommended changes.
Reservoir Site- , Councilman Link reported that the Sewer Advisory Committee
O'Connell has negotiated with Mr. Fenton O'Connell for an agreement that would
Property establish a ten (10) acre foot regulating reservoir on his property
noting that the terms of this agreement would be that we provide
Mr. O'Connell with a maximum of 375 acre feet of water per year for
permanent pasture in that area, and that the lease would be for ten
years with a ten year option. The water would be provided free to
him for agricultural puposes only. Councilman Link requested
Council to approve the agreement in concept. He further stated
that without this reservoir, after January 1, 1981, the water re-
cycling program comes to an end because we will no longer be able
to use the reservoir on the property we are now using for this
program.
....
........,
Motion was made by Councilman Taylor seconded by Councilman
Link and carried that the concept of an agreement with Mr. Fenton
O'Connell be approved with the terms to be worked out by the City
Attorney and brought back to Council at a later date for approval.
Councilman Cunningham voted "no" on the motion.
...
""''''.
Inter-Ci ty
Council
1979-80
Audit
Appraisal re:
Add'l Perc.
Ponds
Staff Fees re:
Facil ity Use
by Youth
Organizations
Adjournment
( 4489
Councilwoman Hughan stated she would like to see Gilroy re-JOln
the Inter-City Council. Discussion was had. Councilwoman Hughan was
asked to obtain more information on the matter.
City Administrator Wood noted receipt of the 1979-80 Audit and
recommended Council review and STaff summary at their next meeting.
Council concurred.
City Administrator Wood noted Council was in receipt of a map
showing the new percolation ponds which were the subject of the security
agreement with E.P.A. approved earlier in the meeting and showing
adjacent to these ponds, a 50 acre parcel. He recommended Council
approve an appraisal of the property and, with a favorable appraisal,
proceed with the acquisition of said property for emergency percolation
ponds. Motion was made by Councilman Link seconded by Councilman Cun-
ningham and carried that an appraisal be obtained for the 50 acre parcel
to be used for emergency percolation ponds.
Parks and Recreation Director Ayer presented a recommendation to
charge a fee equal to the staff time required to service use of Parks
and Recreation facilities by recognized youth organizations. The pro-
posed fees will be based on the following hourly rates: Recreation
Leader - $4.00/hr. and Custodian - $6.50/hr.
Motion was made by Councilman Cunningham seconded by Councilman
Pate and carried that the Staff Fees for use of Parks and Recreation
facilities be approved as presented.
As there was no further business, the Mayor adjourned the
meeting at 10:10 p.m.
Respectfully submitted,
g,~(! ~ --
Dep ty City Cl erk (J
j