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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