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Minutes 1981/06/15 Roll Call Cert. of Servo D.Springer ~ 4583 June 15,1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Sharon Albert, Brian D. Cunningham, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Roberta H. Hughan. The Mayor presented a Certificate of Service to C. Dale Springer, retired Planning Commissioner. 4584 Intro. New Employee Consent Calendar Minutes Ord. #81-18 re: Pre & Re- zoning-Filice Est.,eta1 Ord. #81-19 re: D. DeBell Rezoning Res. #81-64 re: Obata Ind. Pk. Assess. Di st. 81-1 C1 a i m- R. Ga rza E. 6th St. Imp. Proj. Phase I Church St. Re- surfacing Proj. 7th to 10th The Mayor introduced new employee, Clay A. Bentson, Fire- fighter. 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, Cun- ningham, Link, Pate, Taylor and Goodrich. Absent: Council Member: Hughan. Approved the Minutes of the Regular Council Meeting of June 1, 1981; Adopted Ordinance No. 81-18 prezoning to RH (Hillside) Dis- trict and R1 PUD (Single-Family) Planned Unit Development District and to rezone from R1 to RH approximately 77.58 acres, located on the south side of Mante11i Drive, west of Morey Avenue and on the north side of Hecker Pass Highway, Filice Estate Vineyards, Hanna, et a1, applicants. ~~ , I I i ......, ORDINANCE NO. 81-18 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING 45.65 ACRES FROM R1 (SINGLE-FAMILY) DISTRICT TO RH (HILLSIDE) DISTRICT AND BY PREZONING 23.73 ACRES AS RH (HILL- SIDE) DISTRICT AND 8.2 ACRES AS R1 PUD (SINGLE-FAMILY) PLANNED UNIT DEVELOPMENT DISTRICT ADJOINING THE CITY OF GILROY ON THE SOUTH SIDE OF MANTELLI DRIVE AND THE NORTH SIDE OF HECKER PASS HIGHWAY, WEST OF MOREY AVENUE. PASSED AND ADOPTED this 15th day of June, 1981, by the fOllowing vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN; Adopted Ordinance No. 81-19 rezoning from M2 (General Industrial) District to CM (Commercial/Industrial) District, 3.3 acres located at 8505 Church Street, Dennis L. DeBell, applicant. r'.. - ORDINANCE NO. 81-19 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAlp CITY BY REZONING A 3.3 ACRE PARCEL LOCATED AT 8505 CHURCH STREET, NO~TH OF WELBURN AVENUE FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO CM (COMME~- CIAL/INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 15th day of June, 1981, by the following vot~: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN; Adopted Resolution No. 81-64 determining unpaid assessments and providing for issuance of bonds re: Obata Industrial Park Assess- ment District 81-1. RESOLUTION NO. 81-64 A RESOLUTION DETERMINING UNPAID ASSESSMENTS AND PROVIDING FOR ISSUANCE OF BONDS - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 15th day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: HUGHAN; ~l ....... Denied a damage claim of Ms. Ramona Garza, dated June 5, 1981; Accepted improvements for East Sixth Street Improvement Project (Phase 1); Accepted improvements for Church Street Reserfacing - Seventh to Tenth Streets; Wren Ave. Sewer Imp. Proj. 81-1 4585 Accepted improvements for Wren Avenue Sewer Improvement Project 1981-1 ; Rosanna St./Library Accepted improvements for Rosanna Street Parking and Library Pkg., Schedules Parking (Schedules A. B, & E); A, B & E Def.Dev.Agree.- Approved a Deferred Development Agreement for Richard Rosario; and R.Rosario Rosanna St. & Accepted improvements for Rosanna Street and Library Parking ....... Library Pkg. (Schedules C & D). Schedules C & D ....... Bids re: Luminaires Director of Public Works-City Engineer Hansen presented and explained a report on bids received for the materials portion of the High Pressure Sodium Luminaires recommending award of the low bid of Amfac Electric Company in the amount of $65,994.36. Motion was made by Councilman Link seconded by Councilman Pate and carried that the bid of Amfac Electric Company, Gilroy, in the amount of $65,994.36 for materials portion of the High Pressure Sodium Luminaires be awarded as recommended. Award of Contract- Director of Public Works-City Engineer Hansen reported on the Obata Ind.Pk. Obata Industrial Park bids and Easement Acquisition recommending that Assess. Dist. the bid of Samuel R. Spencer, Santa Clara, be awarded the contract noting 81-1 that he is in receipt of a letter from Norton Farms agreeing to the easement acquisition required for said project. - -- Res. #81-65 Award of Contract Obata Dev. Agree. """'" -- Pub. Hear. re: Ind.Growth Manage. Plan City Administrator Wood recommended award of the contract subject to receipt of the actual easement required to allow same to be approved by the attorney. Director of Public Works-City Engineer Hansen recommended amending the Development Agreement with Obata Brothers for the cost of pipeline to L1agas Creek under a fifteen (15) year reimbursement since said property is presently under the Williamson Act. (Councilwoman Hughan entered at 8:08 p.m. and took her seat at the Council table.) . Motion was made by Councilman Link seconded by Councilman Cunning- ham that the reading of Resolution No. 81-65 be waived and that it be adopted awarding the contract to Samuel R. Spencer for the Obata Indus- trial Park Assessment District, subject to receipt of the required easement from Norton Farms as recommended. RESOLUTION NO. 81-65 A RESOLUTION OF AWARD OF CONTRACT - OBATA INDUSTRIAL PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 15th day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that a fifteen (15) year reimbursements amending the Obata Brothers' Development Agreement for cost of the pipeline to L1agas Creek be approved as recommended. The Mayor stated that it was the time and place scheduled for the continued Public Hearing re: Industrial Growth Management Plan and Ordinance. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone in the audience wishing to speak on the matter. The fOllowing persons in the audience addressed the Council in regard to the Industrial Growth Management Proposal: 4586 Hearing re: Quackenbush Res. #81-66 Pub.Hear. re: 1981-82 Budget & Rev. Shar. Funds ~1r. Paul Barrish, Project Director, Las Animas Technology Park, noted problems in administering said ordinance. Mr. Larry Horan, attorney for Las Animas Technology and Mr. Smolen, suggested that the fOllowing be considered within Section 3B.3: For any project for which a specific plan has been approved prior to the passage of the proposed ordinance~ for which an inviron- mental impact report projecting employment has been certified~ pro- vided that the project does not exceed the lowest projected employ- ment impact~ as set forth in the E.I.R. Planning Director Dorn suggested and recommended the following re: Page 3, Item D. Implementation of New Employment Limits: Add: The City Council may assign build-out limits for industrial develop- ments approved under this ordinance for three (3) year periods. ~ , i I I .... Mr. Neil Hamm, developer, noted that he has purchased land and is waiting for same to be annexed to the City. Mr. Gerald Hoff, representing Obata Industrial Park Develop- ment, noted that he was not aware of this continued public hearing. It was noted that same had been legally published and continued to this meeting. Mr. Joel Smolen, President of Amtec and developer/owner of Las Animas Technology Park. ,Motion was made by Councilman Cunningham seconded by Council- man Link and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the reading of the proposed ordinance regard- ing Industrial Growth Management Policy be waived and published by title and summary with the stipulation that a clause will be added as suggested by the Planning Director on Page 3, Item D. by the follow- ing Roll Call Vote: Ayes: Council Members: Albert, Hughan, Link, Pate and Goodrich. Noes: Council Members: Cunningham and Taylor. ~ ........ The Mayor stated that it was the time and place scheduled for a hearing on a variance appeal on the decision of the Planning Com~ mission granting the request of Charles W. Quackenbush to allow elimination of required parking at 461 Arnold Drive. Planning Director Dorn presented and explained the Staff Report regarding said variance. Motion was made by Councilman Link seconded by Councilman Cunningham that the reading of a resolution approving the recommen- dation of the Planning Commission be waived and that it be adopted. Motion failed by the following Roll Call vote: Ayes: Council Members: Cunningham, Link and Taylor. Noes: Council Members: Albert, Hughan, Pate and Goodrich. Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 81-66 disapproving the recom- mendation of the Planning Commission and upholding the appeal be waived and that it be adopted. RESOLUTION NO. 81-66 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DISAPPROVING ON APPEAL RESOLUTION NO. 81-39 OF THE PLANNING COMMISSION GRANTING A VARIANCE ELIMINATING PARKING AT 461 ARNOLD DRIVE. PASSED AND ADOPTED this 15th day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE and GOODRICH NOES: COUNCIL MEMBERS: CUNNINGHAM, LINK and TAYLOR ABSENT: COUNCIL MEMBERS: NONE ~ , j ....... The Mayor stated that it was the time and place scheduled for the Public Hearing on the 1981-1982 Budget and Revenue Sharing Funds. 4587 ,r" ! City Administrator Wood presented and explained the Staff Report including the following reports: Miscellaneous Salary Schedule, 81-82 M.O.U.; Public Safety Salary Schedule, 81-82 - M.O.U.; Management Group Compensation Report; Recommended Budget Correction. The Mayor asked if there was anyone present in the audience wishing to speak in regard to the 1981-82 proposed Budget. The following, requesting funding in the 1981-82 Budget, addressed the Council respectively: Mr. Michael Oshan, representing South County Alternatives, Inc., requesting $5,000.00. -... Ms. Marie Evans, Executive Director of Central Counties Safety Council, requesting $850.00. Mrs. Mildred Hanna, Senior Citizen, requesting a provision in the budget for a full-time Senior Coordinator. Mrs. June Hymas, County Library Supervisor, requesting $6,252.00. Ms. Jane Roshbrown, Coordinator of the Food Bank, requesting $2,800.00. Mr. Gary Pinkus, Ombudsmen Program, representing the Catholic Social Services, requesting $1,206.00. Mr. Norman Chapman, Gilroy resident, concurring with the addition of a full-time Senior Coordinator in the 1981-82 Budget. Mr. Francis Jesus, representing the Senior Citizens, urging a fu11- time position of Senior Coordinator in the 1981-82 Budget. ~: Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the Public Hearing be closed. ... Motion was made by Councilman Cunningham seconded by Councilman Pate and carried that a full-time Senior Coordinator with complete benefits be included in the 1981-82 Budget. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the request of South County Alternatives for $5,000.00 be included in the 1981-82 Budget. Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that the request of the Central Counties Safety Council for $850.00 be included in the 1981-82 Budget. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the request of the County Library System for $6,252.00 be included in the 1981-82 Budget. Motion was made by Councilman Cunningham seconded by Councilwoman Albert and carried that the request of the Food Bank of $2,800.00 be included in the 1981-82 Budget. Assistant City Administrator Reinsch noted that same would be from the general budget rather than Revenue Sharing Funds as previously requested by the Food Bank. ,....... Motion was made by Councilman Cunningham seconded by Councilwoman Hughan and carried by the following Roll Call Vote that the request of the Cath10ic Social Services in the amount of $1,206.00 on a one (1) year trial basis be included in the 1981-82 Budget: Ayes: Council Members: Albert, Cunningham, Hughan and Pate. Noes: Council Members: Link, Taylor and Goodrich. -- Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried by the following Roll Call Vote that the following items be deleted from the 1981-82 proposed Budget: Ayes: Council Members: Cunningham, Link, Taylor and Goodrich. Noes: Council Members: Albert, Hughan and Pate. 4588 Res. #81-67 81-82 Budget 1) Page 20 - delete two (2) full-time employees. 2) Page 22A - delete two (2) vehicles ($8,000 and $10,000). 3) Page 22A - Transfer wages and salaries of Wheeler Audi- torium to Special Programs funded by said programs, , unless same is a City Program. 4) Page 23 - delete new employee. Total deletions $63,000.00, noting a 30% increase remaining in said Accounts. ~ Discussion was had regarding future park expansion, Page 20.13a, Account 302, Item lIill, $30,000.00. It was explained by Staff that said item would be expended from Parks Funds - 5 acres at Las Animas Park. ... Councilman Taylor inquired of the possibility of using the Park Acquisition Fees (Bedroom Tax) for maintenance of parks. The City Attorney noted that same was not possible without the vote of the electorate. Motion was made by Councilman Taylor seconded by Councilman Cunningham and carried that Staff be instructed to prepare a cost proposal for Council on contracing Tree Trimming and Lawn Mowing vs: the City performing same, and contracting all municipal buildings for janitorial services at the Senior Center, Wheeler Auditorium, Police Department, etc. Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that $13,000.00+ be added to the 1981-82 Budget for a lease/purchase of a computer for no1ice records. Councilwoman Hughan voted IInoll on the motion. Discussion was had regarding the proposed salaries for the Management Group. Council instructed Staff to prepare a study of the Management salaries with the ten (10) cities used in the Foss Study for Council review at the July 6, 1981, regular Council Meeting, noting that any increase in salaries could be retroactive to July 1, 1981. ~ - City Administrator Wood noted that the proposed Budget provides for a 10% cost of living increase and that it would be necessary to amend the proposed budget an additional 1.4% due to the 11.4% actual cost of living increase. Motion was made by Councilman Pate seconded by Councilwoman Hughan that Resolution No. 81-67 be adopted approving the 1981-82 Budget with amendments. Councilman Cunningham inquired of the deletion of funds for employee turkeys and City Employee Barbecue. Councilman Pate and Councilwoman Hughan withdrew their previoys motion adopting the 1981-82 Budget. Motion was made by Councilman Cunningham seconded by Council- woman Albert and not carried to include the $1,600.00 for employee turkeys in the 1981-82 Budget. ~ Motion was made by Councilman Cunningham to include the $3,500.00 for City Employee Barbecue in the 1981-82 Budget. Motion died for lack of a second. - Motion was made by Councilman Pate seconded by Councilwoman Hughan that the reading of Resolution No. 81-67 be waived and that it be adopted approving the 1981-82 Budget as amended to include the additional 1.4% cost of living for salaries, noting the 10% cost of living is included in the proposed Budget and further noting that salaries for the Management Group would be considered at the July 6, 1981, meeting. ~. I I. ! ..... Amphitheatre- Xmas Hill Pk. Emsee Trans. Trail er Permit .... ... Lazzco, Inc. Build-Out Schedule Crippled Children's Soc. re: Rental of City Prop. ........ I I .... SB 1132 re: Fireworks LAFCO 4589 RESOLUTION NO. 81-67 RESOLUTION OF THE CITY OF GILROY ADOPTING THE BUDGET FOR SAID CITY FOR FISCAL YEAR 1981-1982 AND APPROPRIATING PROPOSED EXPENDITURES FOR PURPOSES SET FORTH IN BUDGET. PASSED AND ADOPTED this 15th day of June, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, CUNNINGHAM, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Council requested that the 1981-82 Budget be reviewed when it is determined from the State what Subvention Funds the City will receive. Mr. E. H. Duerr, Garlic Festival Committee representative, addressed the Council and explained a proposal for an overhang of the Amphitheatre State at Christmas Hill Park. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the design con- cept proposal for the Amphitheatre Stage cover be approved and that the Garlic Festival Committee be thanked for their proposed contribution. 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. (At 10:40 p.m., Councilman Cunningham left the Council Chambers.) A letter from Emsee Transportation Company was noted requesting temporary extension of a trailer-office permit. A representative of Emsee Transportation Company addressed the Council and further explained their request. (At 10:42 p.m., Councilman Cunningham returned and took his seat at the Council Table.) Motion was made by Councilman Pate seconded by Councilman Link and carried that an extension be granted Emsee Transportation Company to September 30, 1981, for a temporary office/trailer permit. A request from Lazzco, Inc. for extension of the build-out schedule for 31 units on Las Animas Park Drive, east of Wren Avenue, was noted. Planning Director Dorn further noted that said build-out schedule would expire December 31, 1981. Motion was made by Councilwoman Albert seconded by Councilwoman Hughan and carried that the request for build-out schedule extension by Lazzco, Inc. be denied. City Administrator Wood presented a request from the Crippled Children's Society of Santa Clara County for free rent of the City building on Seventh Street. Discussion was had by Council on the matter. Council authorized the City Administrator to negotiate with the Crippled Children's Society of Santa Clara County for a monthly rental agreement of the former Planning/Parks & Recreation bui1dinq on Seventh Street. A request of the Santa Clara County Intergovernmental Council for endorlsement of SB 1132, Local Control of Fireworks Sales was noted. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the City endorse SB 1132 supporting the Santa Clara County Inter-governmental Council's request. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the City opposes LAFCO's Draft Policy on Local Land Use as requested by the City of Santa Clara. 4590 The following informational items were noted with no separate discussion on same: League of California Cities Legislative Bulletin, dated June 5, 1981, and Newsletter No. 12, dated May 1981; and Captain Boswell, Highway Patrol, thanking the Fire Department for ass i stance. Plan. Com. Report The Report of the Planning Commission Meeting of June 4, 1981, 6/4/81 & was noted as being continued to June 8, 1981, due to lack of a ~ 6/8/81 quorum. i , The Report of the Planning Commission Meeting of June 8, 1981, was noted. -- Council reviewed the PUD Site Plan for Bert Mante11i for 21 Single-Family and 33 Townhouse Dwelling Units. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the PUD Site Plan for Bert Mante11i be approved as presented and recommended by the Planning Commission to include the conditions with clarifications as noted. City Administrator Wood presented a letter from Advanced Micro Devices requesting continuance of review of the PUD Site Plan for their industrial development. Council continued same to their July 6, 1981, regular Council Meeting. Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 6/2/81 June 2, 1981, were noted. Ut il ity Accounts City Administrator Wood presented a request to write off Uncollectible Utility Accounts in the amount of $3,936.87. Motion was made by Councilman Pate seconded by Councilman Link and carried that a write-off of uncollectible utility accounts in the amount of $3,936.87 be authorized. ~ I - Disbursements The Report of Disbursements from May 1, 1981, through May 31, 1981, was noted. Monthly Reports The Summary of Monthly Reports of April 1981 was noted. City Administrator Wood presented corrections to the water figures. 80-81 Transfers, etc. re: Budget City Administrator Wood presented and explained a recommenda- tion in regard to Budget Transfers and Carry-over projects to balance the 1980-81 budget. Motion was made by Councilman Pate seconded by Councilwoman Albert and carried that the recommended 1980-81 Budget Transfers and Carry-overs be authorized to balance the said budget. Employee Med. Ins. City Administrator Wood presented a proposed change of medical insurance for city employees. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the City be authorized to change the medical insurance from Blue Shield to Blue Cross as recommended. n i Eng. Fees City Administrator Wood presented a recommendation to increase city engineering charges. Director of Public Works-City Engineer Hansen further explained same. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the city engineering fees be increased as recommended. .......-i E1ectri ca1 Syst.- Monterey St. Director of Public Works-City Engineer Hansen presented a recommendation to hire Barrett, Harris & Associates, Inc. for redesign of the electrical system for the e1ectro1iers along Monterey Street. 4591 Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that Barrett, Harris & Associates, Inc. be hired as recommended to redesign the electrical system for the e1ectro1iers along Monterey Street to a maximum of $7,000.00 to be negotiated after it is determined from the Chamber of Commerce and the Downtown Merchants. Association as to their recommendation on the Christmas Street decorations and whether same is included in the redesign proposal. ....... Director of Public Works-City Engineer Hansen presented a recom- mendation to adopt a resolution providing for annual updating of Public Works fees. ... Public Works Fees Discussion was had on the matter. Council requested that same be presented to Council annually for consideration. Intro. Ord. re: Nudity The City Attorney presented a proposed ordinance amending Section 16.13-1 of the City Code to correct an omission in a previously adopted ordinance. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the proposed ordinance be introduced, reading waived and that it be published by title and summary. Plan. Com. Appointment The Mayor recommended the appointment of Lupe Sanchez to the Planning Commission to fill the unexpired term of C. Dale Springer (12-31-83) . Motion was made by Councilman Link seconded by Councilman Pate and carried that Lupe Sanchez be appointed to the Planning Commission for the unexpired term of C. Dale Springer, 12-31-83. ..".,... The Mayor introduced Lupe Sanchez, present in the audience. -- San Martin Planning Area Councilman Taylor, member of the San Martin Planning Committee, requested Council di recti on in regard to annexati on of San Marti n. City Administrator Wood noted that if San Martin proposed to incorporate, the City would be willing to negotiate a boundary agreement with them. Motion was made by Councilman Pate seconded by Councilman Link and carried that Councilman Taylor be instructed to inform the Committee that, at the present time, Gilroy has no interest in annexation of San Martin; that the City would be cooperative with their future efforts. Christmas Hill Police Chief Cowart addressed the Council in regard to recent Park police problems at Christmas Hill Park during special events at said location, noting that a proposal regarding alleviating future problems at said location would be presented to Council at a future meeting. Adjournment At 11:41 p.m., the Mayor adjourned the meeting. Respectfully submitted, ,- ~~ .......