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Minutes 1980/11/17 1" .. " '" , 4489 November 17, 1980 Gilroy, California The Regular Council Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Intro. New Employee The Mayor noted introduction of new employee, Don E. Chestnut, Wastewater Treatment Plant Operator' II, not present. Service Awards The Mayor presented employee service awards to those recipients present. L.E. Waltemeyer, The Mayor presented Leonard E. Waltemeyer, retired Police Officer, Retired with Certificates of Service and a gift certificate. Consent Calendar Motion was made by Councilman Pate seconded by Councilman Link 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. Mi nu tes It was noted that the November 3, 1980, Council Minutes would be agendized December 1, 1980; 4490 Ord. #80-33 re: Adopted Ordinance No. 80-33 amending Section 16.5(a)(1) of Barroom Insp. . the City Code providing inspection of barroom premises fees to be Fees established by resolution. - - ORDINANCE NO. 80-33 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 16.5(a)(1) OF THE GILROY CITY CODE SO AS TO PROVIDE THAT ALL FEES REQUIRED FOR INSPECTION OF A BARROOM PREMISES AND ISSUANCE OF A PERMIT SHALL BE ESTABLISHED BY RESOLUTION OF THE GILROY CITY COUNCIL. PASSED AND ADOPTED this 17th 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; h" Res. #80-107 re: Adopted Resolution No. 80-107 re: Office of Traffic Safety- OTS Grant Driving Under the Influence Grant. RESOLUTION NO. 80-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RE: OFFICE OF TRAFFIC SAFETY - DRIVING UNDER THE INFLUENCE GRANT. PASSED AND ADOPTED this 17th day of November, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE; LINK, PATE, NOES: ABSENT: Handicap Ramp Authorized advertising bids for the Handicap Ramp Project Proj. 80-10 1980-10 as requested; Girl Scout Approved a request of the Santa Clara County Girl Scout Cookie Sale Council for waiver of the permit for their annual Cookie Sale; and ~ Claim-Santos Concrete Bids re: City City Administrator Wood presented a recommendation on bids Tree Planting received for City Tree Planting to Tim Glass Landscaping. Denied a Claim of Santos Concrete, Inc., as recommended. Discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the bid of Tim Glass Landscaping be awarded as recommended for the City ~ee Planting. Council Members Link and Taylor voted "no" on the motion. Pub.Hear. re: The Mayor stated that it was the time and place scheduled for Weed Abate. a Public Hearing on the Weed Abatement Program. The Fire Chief's report was noted. The Mayor asked if there was anyone in the audience wishing to speak on the matter. There was no one in the audience wishing to speak on the subject. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Public Hearing be closed. - Res. #80-108 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 80-108 be waived and that it be adopted confirming the report and providing abatement costs to con- stitute assessments against the respective land owners. RESOLUTION NO. 80-108 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPECTIVE OWNERS OF LAND. ~ - - Hearing re: Dance Hall Permit ,..-. -- Wren Ave. Traffi c Cont. Project "'~'.'.1 --- 11"'..... ...... - - 4491 PASSED AND ADOPTED this 17th day of November, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR, and GOODRICH NONE NONE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Mayor stated that it was the time and place scheduled for a hearing on intent to suspend or revoke a dance hall permit at 7747 Monterey Street, (Rainbow - H. & R Olivares, Owners). The Staff Report and Police Chief's memo of November 6, 1980, was noted. Chief of Police Cowart addressed the Council recommending not to suspend or revoke said Dance Hall permit on a guarantee of Mr. Ernest Rosconi, attorney, that the applicants will provide sufficient security and conform to all City requirements. Mr. Ernest Rosconi, attorney, representing the applicants, addressed the Council confirming the Police Chief's report and that the owners intend to conduct one or two disco dances per month along with other types of dances to attract other types of patrons. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the Staff's report be approved as recommended by the Police Chief that no action be taken at this time on said Dance Hall Permit at the Rainbow, 7747 Monterey Street. Ms. Patty Baggese addressed the Counnil requesint to speak in regard to the Wren Avenue Traffic Control Project. She requested that the City approve the following additional traffic safety recommendations: 1) Install a concrete island at Byers and Wren; 2) Additional signs indicating that said location is a school crossing, possibly flashing lights at said location; 3) Additional signs in the area indicating that same is a school area, and "Slow School Crossing" painted on the street approaching Byers and Third from both directions; 4) Installation of reflectors along the center lane to prevent traffic within same. Council indicated that they intended to refer the request to the Department of Public Works and Police Department for study on the requests. Mr. Gabe Perez and Mr. John Havens, Wren Avenue residents, respec- tively addressed the Coucnil requesting action on said matter tonight with no additional study at this time. Chief of Police Cowart addressed the Council further suggesting that an adult crossing guard for said crossing be investigated. Motion was made by Councilwoman Albert seconded by Councilman Cunningham and carried that a raised concrete island at the intersection under discussion be installed to include reflectors and that Gas Tax Funds be used for said expenditure allowing a Budget Amendment for same and that the other requests of Ms. Baggese be referred to Staff for study and recommendation on same. The Mayor asked if there was anyone further in the audience wishing to speak on a matter not agendized. Mr. Jack Kazanjian, 831 Third Street, addressed the Council giving a progress report for his project on Eigleberry Street, noting that same cannot be heard by the Planning Commission for an additional two (2) weeks. Planning Director Dorn noted that due to numerous applications the Planning Commission will not be able to hear additional new Staff Reports until the second meeting in January 1981. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. 4492 AMD Mr. Mark DiFiore, 1086 Byers Street, addressed the Council requesting a written response to questions in reqard to Advanced Micro Devices locating in Gilroy. He noted that he would provide same in writing to Staff for said requested written response. .... ~ The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. -- GHS Carnival City Administrator Wood presented a request from the Gilroy High School Student Body for permission to sponsor a carnival. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the Gilroy High School Student Body be granted permission to sponsor a Carnival on April 23, 24, 25 and 26, 1980, as requested. - So. Valley Equip. A request of the South Valley Equipment for an extension on a Temp. Trailer Temporary Trailer permit was noted. Motion was made by Councilman Taylor seconded by Councilman Link and carried that a final one year extension be granted South Valley Equipment for a Temporary Trailer Permit, expiring December 1, 1981. Gambling in Ca 1 if . Council filed a letter from the City of Adelanto requesting a resolution supporting legalized gambling in California. The following informational items were noted with no separate discussion on same. City Commissioners and Committee Terms Expiring December 31, 1980, for appointment December 15, 1980; ..... ... South Santa Clara County Housing Development Corporation in re: to a Congratulatory letter from Congressman ~1ineta; Certificates of Commendation from Chief of Police to Ms. Barbara Glines and Mr. Robert Kofnovec; and ~1emo commending Police Officer John Lara. Plan. Com. Report The Report of the Planning Commission Meeting of November 6, 11/6/80 1980, was noted. Lib. & Cult. Com. The Mi nutes of the Library and Culture Commi ss i on ~1eeti ng of October 7, 1980, were noted. Disbursements The Report of Disbursements from October 1, 1980, through October 31, 1980, were noted. 79-80 Audit A Report on the 1979-80 Audit was noted. Motion was made by Councilman Pate seconded by Councilwoman Hughan and carried that the 1979-80 Audit be accepted as submitted. ... Res. #80-109 City Administrator Wood Dresented and explained a report ~ recommending an increase in new street tree fees. Motion was made by Councilwoman Hughan seconded by Counci 1 man Cunni ngham that the readi ng of Resolution No. 80-109 be waived and that it be adopted approving new street tree fees as recommended. RESOLUTION NO. 80-109 -- A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING STREET TREE FEES FOR THE DEVELOP~1HlT OF PROPERTY AND CORRECT! NG TABLE I I - (d) OF RESOLUTION NO. 80-58. ..... - Municipal Code Servo Agree. ",.... ..... State Water Qua 1 ity Brd. Heari ng AMD Plan. Dept. Personnel Pacheco Pass Hwy. Proj. -... - AMD ""'"'" ..... ~ 4493 PASSED AND ADOPTED this 17th day of November, 1980, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHA~1, HUGHAN, PATE, and GOODRICH NOES: COUNCIL MEMBERS: LINK and TAYLOR ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented a recommendation to approve the renewal contract agreement with Municipal Code Corporation for City Code Services. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the renewal contract agreement with Municipal Code Corporation be approved and executed as recommended. City Administrator Wood reported on the State Water Quality Board Hearing held in the City of Carmel on November 14, 1980. Councilman Taylor commented on Advanced Micro Devices locating in Gilroy. Councilwoman Hughan recommended that the City Administrator investigate additional permanent employees for the Planning Department. Councilwoman Hughan noted that she would not be able to represent the Council at the November 20, 1980, Planning Commission r1eeting re- questing anyone on the Council that could take her place to so advise her. The Mayor referred to an article in the local newspaper indicating that the $7.5 million earmarked for interim safety work on Pacheco Pass Highway may be transferred to other Santa Clara County road projects and suggested that Council go on record to support the Pacheco Pass Highway Project. Councilman Cunningham recommended that the City organize a Car Caravan to the summit of Pacheco Pass Highway to demonstrate public awareness of the need for the interim safety project. Motion was made by Councilman Cunningham seconded by Councilman Taylor that the City be authorized to form an Action Committee to sponsor a Car Caravan or similar public event to be held within the next ninety days to demonstrate the fact that the City believes these interim safety improvements proposed for Pacheco Pass Highway should be constructed immediately. Council man Cunni ngham presented a 1 etter signed by hi mse If and Councilwoman Albert requesting that a survey of the voters of Gilroy be made in regard to AMD proposal. Discussion was had on the matter. Councilwoman Albert requested that in addition to the five points that the question also be asked if the voters feel that the Santa Teresa site is suitable for the proposed industrial development. Further discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried by the following Roll Call Vote that the letter of Councilmembers Albert and Cunningham, including the addition to same by Councilwoman Albert be tabled. Ayes: Council Members: Hughan, Link, Pate, Taylor and Goodrich. Noes: Council r1embers: Albert and Cunningham. Motion was made by Councilman Cunningham that a survey of the resi- dents of Gilroy be taken regarding the AMD proposal incorporating the five questions in Councilwoman Albert's and his letter along with her sixth addition as noted in the November 12, 1980, letter. Motion died for lack of a second on the recommendation of the City Attorney, noting that said letter by Roll Call Vote of the Council had been tabled. - Res. #80-110 re: City Administrator Wood presented a resolution honoring Dr. Robert Dr. Robert Infelise to be presented to him at his retirement dinner November 20, 1980. Infelise 4494 Sec. 16.28 & 18.6 of City Code Commissioner's Terms Expir- ing Adjournment Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 80-110 be waived and that it be adopted honoring Dr. Robert Infelise's retirement from the School District. RESOLUTION NO. 80-110 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY HONORING AND COMMENDING SERVICES OF DR. ROBERT INFELISE, DISTRICT SUPERINTENDENT, UPON HIS RETIREMENT. PASSED AND ADOPTED this 17th day of November, 1980, by the following vote: AYES: COUNCIL ME~1BERS: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH NONE NONE LINK, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The City Attorney noted his intent to amend Section 16.28 and Section 18.6 regarding drinking to be chanqed to an infraction rather than a misdeameanor with the Police Chief's approval of same. The Mayor noted the informational memo in regard to Commis- sioners' terms expiring December 31, 1980, for appointment at the December 15, 1980, Council Meeting. He requested Council submit names if they have any suggestions to be handled in the usual pro- cedure. At 9:45 p.m., the r1ayor adjourned the meeting. Respectfully submitted, y1~Mrw)te.9I~ , Clty Clerk ,_ ,'~'" ,_....l't,_....,""".,..,,~!t._~.,..,,/~ ,- "-.,,..{t .,,-.... II .,t",.' ~ ';-. "..... <..,"".,~..", , " . . _. _',',' ._'. ;.....,'.....1. ',., ~.~"" "._Y"~,'" : '."..,.... It.. I.- ....., .or. ..,..~..".~~..~..~. "",.l 'f''''''';''' .. c i...",.,.:",~ "..~....,.. ',.' .",....; "'". ,,' ~ __ .;.~~ ,,~. '. .<, .... ..t:.,., ~. ,.,,_.. '..'~" '.-.. .~, .. .. ~ ';,.-. '0 '. 0' ,. C, ,,,,-..' J<.',..'.. "\:" ," .j." .......: ~~ ---'.