Loading...
Minutes 1981/03/02 I , Roll Call 4531 March 2, 1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. 4532 Intro. Ne\'1 Employees Consent Ca1nedar Minutes Ord. #81-7 re: Rezoning Kazanji an Property Ord. #81-8 Amending City Code re: Sewers, etc. Pub.Hear. re: Cos1ar Appeal CUP Pub. Hear. re: L. Marti n Rezoni ng The Mayor introduced the following new employees: Robert Quill, Ernest Fraim and Esther Armijo, Watewater Treatment Plant Ope ra tors I. 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 Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Pate, Taylor and Goodrich: Approved the Minutes of the Regular Council Meeting of February 17, 1981; .~ Adopted Ordinance No. 81-7 rezoning 7744 Eig1eberry Street, located between Second and Third Streets, from C1 (Neighborhood Commercial) District to C2 (General Commercial) District, Jack Kazanjian, applicant. .... ORDINANCE NO. 81-7 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING ON APPEAL A PARCEL AT 7744 EIGLEBERRY STREET FROM C1 (NEIGHBORHOOD Cm1MERCIAL) DISTRICT TO C2 (GENERAL COMMERCIAL) DISTRICT. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL ~1n1BERS: ALBERT, CLlNNINGHAr~, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Adopted Ordinance No. 81-8 amending Division 3, Industrial Sewer Charges, of Article III, Industrial Sewer System, of Chapter 19, Sewer and Sewage Disposal of the City Code. ORDINANCE NO. 81-8 AN ORDINANCE AMENDING DIVISION 3, INDUSTRIAL SEWER CHARGES, OF ARTICLE III, INDUSTRIAL SEWER SYSTEt1, OF CHAPTER 19, SEWERS AND SEWAGE DISPOSAL, OF THE GILROY CITY CODE. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYOLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; - ... Set March 16, 1981, as a Public Hearing date on an appeal of Cos1ar, Inc. re: the Planning Commission's decision denying a Condi- tional Use Permit for the Monterey Plaza Commercial Center; Set March 16, 1981, as a Public Hearing date on a rezoning request of Lloyd Martin for 4.3 acres from R1 to R3 (Low-Density Multiple-Family) District, located on the east side of Kern Avenue, north of Ramona Way; Res. #81-15 re: Adopted Resolution No. 81-15 Authorizing entering into an Street Light- agreement for a low interest loan to convert city street lights to ing Conver- energy efficient high pressure sodium vapor lights. sion Grant RESOLUTION NO. 81-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING OF AN APPLICATION WITH THE STATE OF CALIFORNA, ENERGY RESOURCES CONVERSION AND DEVELOPMENT COMMISSION FOR GRANT FUNDS FOR A STREET LIGHTING CONVERSION PROJECT. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE """--- - 4533 Councilman Cunningham requested a moment of silence in memory of Ted Lake and David Sorensen. The Mayor declared a moment of silence in thei r memory. Bi ds re: Uvas Pk. Bikeway Proj.1980-8 Director of Public Works-City Engineer Hansen presented and explained a report of bids received for Uvas Park Bikeway Project 1980-8 noting the low bid of William G. Blomquist to be in the amount of $10,011.00 recommending award of same plus $1,989.00 for extra paving and grading from the existing bikeway at its easterly terminus to the vicinity of Wren Avenue, totalling $12,000.00 to be covered by grant funds. - Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the bid of Wm. G. Blomquist for Uvas Park Bikeway Project 1980-8 be awarded to include the extra paving and grading as recommended for a total of $12,000.00. Bids re:Landscap- Director of Public Works-City Engineer Hansen presented and ing & Irriga- explained a report of bids received for the landscaping and irrigation tion Portion- portion of Rosanna Street and Library Projects 1980-5 recommending that Rosanna St. & same be awarded Sound of Plants in the amount of $15,000.00. Lib.Pk. Proj. 80-5 Motion was made by Councilwoman Hughan seconded by Councilman Pate and carried that the bid of Sound of Plants for $15,000.00 be awarded as recommended. Council Members: Link and Taylor voted IIno' on the motion. Pub.Hear. re: Mante 11 i Pre- zoning & Rezoning The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning and rezoning request of Bert Mante11i, et a1; prezoning to R1 PUD (Single-Family) Planned Unit Development District on 10.87 acres and rezoning from R1 to R1 PUD (Single-Family) Planned Unit Development District on 1.27 acres located on the northerly side of Mante11i Drive approximately 2,200 feet westerly of Morey Avenue. Planning Director Dorn presented and explained the Staff Report and recommendation for said prezoning and rezoning. - ...... The Mayor asked if there was anyone present in the audience wishing to speak on the zoning matter. Mr. Hy Miller, 7951 Wren Avenue, representing the applicant, addressed the Council noting that they are participating actively with the engineering for flood control on the project and that the applicant concurs with the staff report and recommendation. The Mayor asked if there was anyone further in the audience wishing - to speak on the matter. Mr. Ted Schaal, adjacent property owner to the proposed project, addressed the Council, noting that the flood control plans indicate an open trench on his property. He further noted that he previously has indicated that he would cooperate with the City and property owners in the area in regard to flood control, but that he is not prepared to grant an easement on his property for an open trench. .... Mr. Phil Ladd, architect and planner of the project, addressed the Council and noted that the open trench is only a tentative solution for a total plan not finalized at this time. Director of Public Works-City Engineer Hansen noted that W. J. Hanna & Son, Civil Engineer, has been preparing a proposal for flood control in the entire area and that same has not been finalized to date. He further noted that prior to filing of a final plan, one of the condi- tions would be that the drainage would be handled to the satisfaction of the City Engineer which would be to accommodate the needs and require- ments that were expressed at the time the RDO competition was acted upon by Council. He further noted that Mr. Schaal would be contracted prior to final stages of the drainage plans for the area. ."''''1;>111, 4534 City Administrator Wood noted that all of the property owners in the area had previously agreed that they would cooperate in trying to formulate a drainage plan that would be the most economic plan for the general area, but would be a plan that would provide the ultimate improvements to the City. He recommended that the property owners plan the entire area together cooperatively. Mr. Bert Mante11i, 1645 Mante11i Drive, applicant, addressed the Council and noted that, at this time, planning is for only ten (10) acres for a temporary, short term plan, not a final plan for the entire area. ~ , I Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the Public Hearing be closed. ..... Discussion was had by Council regarding an additional mitiga- tion measure requiremend for flood control. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that a mitigating measure be added to those recommended by Staff and the Planning Commission that the owners or developers shall participate in a comprehensive drainage plan and plan for the utility layout for the entire northwest area. Council- man Cunningham voted "noll on the motion. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that a proposed ordinance be introduced, the reading waived and that it be published by title and summary approving the prezoning and rezoning requested in the application. Pub. Hea r . re: Sub .Ord. Amendment The Mayor stated that it was the time and place scheduled for a Public Hearing on a proposed Subdivision Ordinance revision. Planning Director Dorn presented and explained the Staff Report and recommendation. Director of Public Works-City Engineer Hansen further explained the revisions which would reflect current city policies. 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 Cunningham seconded by Council- man Pate and carried that the Public Hearing be closed. t10tion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that a proposed ordinance be introduced, the reading waived, and that it be published by title and summary approv- ing the Subdivision Ordinance Revisions as submitted and recommended by Staff. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Jose Chapa addressed the Council requesting discussion in regard to a recent grant allowing hiring of two (2) additional police officers for the Drunk Drivers Program. The Mayor noted that same would be agendized for a future Council meeting. ~ ..... Res. #81-16 re: City Administrator Wood presented a resolution in regard to PERS Funds optimum investment of PERS funding requested by the Peninsula Division of the League of California Cities. Motion was made by Councilman Taylor seconded by Councilman Link that the reading of Resolution No. 81-16 be waived and that it be adopted in support of the League's request. 4535 RESOLUTION NO. 81-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FOR OPTIMUM INVESTMENT OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM FUNDS. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ..."'" I Election Process ...... City Administrator Wood presented a request of the City of Santa Clara urging support in the prevention of abuse of the election process. Discussion was had on the matter. Motion was made by Councilman Cunning- ham seconded by Councilman Link and carried that action be tabled on the ma tter. AMD A letter from the State Office of Planning and Research in regard to the Advanced Micro Devices application was noted and discussed. Mr. Bob Saks, representing AMD, addressed the Council and further explained same noting his discussion with Mr. Damm of the State Office of Planning and Research. Planning Director Dorn recommended that the City proceed with the AMD annexation at LAFCO and when same is referred back to the City same be held for annexation until this matter is resolved. Council concurred. L.Dup1issie City Administrator Wood recommended continuance of Mr. Leon Alcohol Still Dup1issie's letter in regard to operation of a still at Mr. Dup1issie's request. Arbor Day An invitation to the Mayor to attend Arbor Day Ceremonies on March 14, 1981, was noted. Council noted that the Mayor would proclaim March 14, 1981, as Arbor Day in the City of Gilroy. lJII!'l'O\ -..... City Property A letter from Mr. M. E. Zimmershead was noted expressing interest in city-owned real property at 253 West Seventh Street. City Administrator Wood noted Councilman Taylorls recommendation to study the City's possible future needs of the properties on Seventh Street between Church and Rosanna Streets. Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that Staff provide a recommendation to Council as to the future needs of the lands between Sixth and Seventh Streets and Church and Rosanna Streets, particularly, the Seventh Street side of the block. City Administrator Wood noted that based on Council action the City would not advertise the property at 253 West Seventh Street for sale at this time. Mr. Merrill Zimmershead addressed the Council further explaining his request for use of the property at 253 West Seventh Street and further requested that the Planning Department study the surround City Hall complex area for possible use as Professional Office zoning. "".,...., ...... The following informational items were noted with no separate discussion on same: California Manufactured Housing Association in re: to Manufactured Homes in residential areas; Veterans of Foreign Wars special recognition of the Gilroy Fire Department; and LAFCO re: Gilroy's Urban Service Area Revision (AMD Project). 4536 Plan. Com. Report The Report of the Planning Commission Meeting of February 19, 2/19/81 1981, was noted. P & R Com. 2/17/81 Information & Referra 1 Services Wheeler Aud. Monthly Reports Disbursements t~edi an P1 anti ng So. Mont. St. The Mi nutes of the Parks and Recreati on Commi ss i on t1eeti ng of February 17, 1981, were noted. City Administrator Wood presented and explained a request of Information and Referral Services proposal to lease a portion of the Community Center. Director of Parks and Recreation Ayer further explained the proposal. ~ .... Ms. Donna Logan, Assistant Director of Information and Referral Services, addressed the Council and explained services and needs of said agency. Mr. Tito A. Cortez, Associate Director of the Council on Aging, addressed the Council further explaining the request. Parks and Recreation Director Ayer recommended approval of the request of the Information and Referral Services to rent a portion of the Community Center as a primary service and benefit to the Senior Citizens. t10ti on was made by Counc i1 man Link seconded by Counci 1 man Taylor and carried that approval be given to enter into an agreement with the Santa Clara County Information and Referral Services to rent a portion of the Community Center for one (1) year at $125.00 per month as recommended. A Progress schecu1e of Wheeler Auditorium was noted. The Minutes of the Senior Citizens' Advisory Council t1eeting of January 20, 1981, were noted. -- ....... City Administrator Wood presented the Summary of the monthly reports of January, 1981. A report of Disbursements from February 1, 1981, through February 28, 1981, was noted. A report on the Median Planting on Monterey Street, south of Tenth Street, was noted and discussed. City Administrator Wood recommended that same be discussed at Budget Study time and that Staff present a recommendation regarding the median strip. Mr. Ted Duerr, representing the BIG Committee, addressed the Council requesting that the BIG Committee be included in the study- ing of the project and recommended that a replacement plan be approved prior to removal of the oleander bushes on South Monterey Street median. Motion was made by Councilman Link seconded by Councilman Taylor that Alternate No.3 be approved as recommended. Motion was not voted upon and withdrawn. ~ I i Motion was made by Councilwoman Albert seocnded by Councilman Cunningham and carried that Alternate No.2 be aprpoved as a temporary measure to provide visibility on South Monterey Street, south of Tenth Street. - Motion was made bv Councilman Pate seconded by Councilman Cunningham and carried that Staff be directed to study the problem of the median strip planting on South Monterey Street, south of Tenth Street with the BIG Committee for a recommendation on said project at the 1981-82 Budget Study Sessions. 4537 ...... I Special Events City Administrator Wood presented and explained a report in Costs regard to community special event costs noting that there were representa- tives in the audience wishing to speak on the matter. Mr. Tim Filice, Vice President of the Garlic Festival, addressed the Council speaking on behalf of the Board of Directors requesting that any costs the City requires be equitable for all community events. Mr. Jose Chapa, President of Festia Patrias Club, addressed the Council and noted that if their organization had to pay for po1cie officers for the Cinco de Mayo event, same would be a hardship on them. Mrs. Sanda Larsen, 790 Carla Way, addressed the Council as Presi- dent of Bonanza Days and requested that the Ctiy pay the expenses of the police officers for city events such as Bonanza Days, etc. -- Police Chief Cowart further explained that the 1980-81 Budget does not provide for the expense of the Bonanza Day and Cinco de Mayo events, totalling $3,168.00. Motion was made by Councilman Cunningham seconded by Councilwoman Hughan and carried that the 1980-81 Budget be amended in the amount of $3,168.00 to provide for the Bonanza Days and Cinco de Mayo events and that expenses of other community events be deferred to the 1981-82 Budget Study Sessions. 1979 Uniform Director of Public Works-City Engineer Hansen presented a recom- Codes mendati on to adopt the 1979 Uniform Buil di ng, etc. Codes. (At 10:14 p.m., Councilman Link left the Council Chambers.) Res. #81-17 re: Motion was made by Counci 1man Cunningham seconded by Councilman Uniform Codes Taylor that the reading of Resolution No. 81-17 be waived and that it be ... adopted approving the 1979 Uniform Building, etc. Codes as modified and outlined by Staff. - RESOLUTION NO. 81-17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING UNIFORM BUILDING, PLUMBING, MECHANICAL, HOUSING, AGATEMENT, SWIMMING POOL AND SOLAR ENERGY CODES, 1979 EDITIONS, WITH MODIFICATIONS. PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL t,1Et1BERS: ALBERT, CUNNINGHAM, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: LINK (At 10:17 p.m., Councilman Link returned and took his seat at the Council table.) Bingo Permit Fees Res. #81-18 The Mayor noted a resolution in regard to Bingo Permit fees. Motion was made by Councilman Pate seconded by Councilman Taylor that the reading of Resolution No. 81-18 be waived and that it be adopted rescinding Resolution No. 81-12, regarding Bingo Permit Fees for appli- cants conducting under ten (10) events per year be re-estab1ished at $5.00. lIIi""'I. I i RESOLUTION NO. 81-18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY RESCINDING RESOLUTION 81-12 FIXING BINGO PERtlIT FEES. PASSED AND ADOPTED this 2nd day of t1arch, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL t1EMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ...... 4538 Councilwoman Albert suggested that the wall enclosing the podium in the Council Chambers be removed to accommodate speakers. Councilwoman Hughan inquired if the City would have an official representative at the LAFCO hearing regarding Urban Service Area Revision for the City and Ato1D annexation proposal. Council appointed Councilman Link, City Administrator Wood and Planning Director Dorn to rerresent the City at the LAFCO hearing regarding AMD and Urban Service Area proposals. ~ Jt./City-Schoo1 City Administrator Wood noted that the Gilroy Unified School Study Meeting District had requested re-schedu1ing the March 30, 1981, Joint City/ School Study Meeting to April 13, 1981. Council requested that same be re-schedu1ed for April 27, 1981. ..... Ord. #81-9 Sewer Rev. Bonds City Administrator Wood presented an emergency ordinance in regard to the Sewer Revenue Bonds to allow for a savings in the interest costs of same and a resolution re: Summary of Costs and Bond Debt Service. ~10tion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Ordinance No. 81-9 be waived and that it be adopted amending Division 3, Industrial Sewer Charges, Article III, Industrial Sewer System, of Chapter 19, Sewers & sewage Disposal, of the Gilroy City Code. ORDINANCE NO. 81-9 AN EMERGENCY ORDINANCE AMENDING DIVISION 3, INDUSTRIAL SEWER CHARGES, OF ARTICLE III, INDUSTRIAL SEWER SYSTEr1, OF CHAPTER 19, SEWERS AND SEWAGE DISPOSAL, OF THE GILROY CITY CODE. PASSED AND ADOPTED this 2nd day of March, 1981, effective immediately, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: ALBERT, CUNNINGHAM, HUGHAN, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE LINK, PATE, ~ , ........ Res. #81-19 t1otion was made by Councilman Link seconded by Councilman Cunningham that the reading of Resolution No. 81-19 be waived and that it be adopted re: Summary of Costs and Bond Debt Service. RESOLUTION NO. 81-19 A RESOLUTION PROVIDING FOR THE Sll~1~1ARY OF COSTS AND DEBT SERVICE - SEWER REVENUE BONDS OF 1980, SERIES 1980-A (INDUSTRIAL WASTEWATER TREATMENT AND DISPOSAL FACILITIES PROJECT). PASSED AND ADOPTED this 2nd day of March, 1981, by the following vote: AYES: COUNCIL t1Er-1BERS: ALBERT, CUNNINGHM1, HUGHArI, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCI L r.1Er1BERS: NONE ABSENT: COUNCIL MEMBERS: NONE Adjournment At 10:24 p.m., the t1ayor adjourned the meeting. Respectfully submitted, ~ A~ !f,.~ ~ City Clerk ! i .......,