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Minutes 1981/07/06 4592 Roll Call Consent Calendar Minutes Sa 1 a ry Increases Ord. #81-20 re: Nudity Ord. #81-21 re: Ind. Growth Manage. Plan Pub. Hea ri ngs A1 Montano Prezoning July 6, 1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:05 p.m. Present: Council Members: Sharon Albert, Roberta H. Hughan, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Council Member: Brian D. Cunningham. ........ I I 1 Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar (excluding Item II.E(1), Zone Change request of Lloyd Martin, denied by the Planning Commission at their July 2, 1981, Meeting) be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Link, Pate, Taylor and Goodrich. Absent: Council Member: Cunningham. Approved the Minutes of the Regular Council Meeting of June 15, 1981; Approved the following Salary Achievement Increases for twelve (12) City Employees, effective July 1, 1981: Michelle Gough, Parking Attendant, Range 21.5 from Step C, $969 to Step D, $1,228; Luvy Sanches, Clerk Typist I, Range 22.5 from Step B, $969 to Step C, $1,132; Linda DeJesus, Clerk Typist I, Range 22.5a from Step C, $1,024 to Step D, $1,199; Carol Sanford, Police Records Clerk, Range 23.5 from Step C, $1,103 to Step D, $1,341; Louis Palacios, Engineering Aide, Range 27.5, from Step B, $1,232 to Step C, $1,440; Lupe Perez, Street Sweeper Operator, Range 29.5 from Step C, $1,427 to Step D, $1,710; Steve Baty, Police Officer, Range 32 from Step B $1,582 to Step C, $1,923; John Robinson, Police Officer, Range 32a from Step B, $1,598 to Step C, $1,943; Mark Good, Police Officer, Range 32.5 from Step B, $1,622 to Step C, $1,972; Harold Lawrence, Fire Captain, Ranqe 34.5 from Step D, $ $1,975 to Step E, $2,360; Ne1and Doughty and Bill Alexander, Fire Captains, Range 34.5a from Step D, $1,995 to Step E, $2,384; ..~ ......, Adopted Ordinance No. 81-20 amending Section 16.13-1 of the City Code to correct omission in a previously adopted ordinance. .",.,. ORDINANCE NO. 81-20 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 16.13-1 OF THE GILROY CITY CODE SO AS TO DEFINE NUDITY AS USED IN THAT SECTION. PASSED AND ADOPTED this 6th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM; Adopted Ordinance No. 81-21 adopting the Industrial Growth Management Plan; ORDINANCE NO. 81-21 AN ORDINANCE OF THE CITY OF GILROY PROVIDING REGULATION TO DIRECT AND MANAGE THE RATE AND LOCATION OF NEW INDUSTRIAL DEVELOPMENT WITHIN THE CITY. PASSED AND ADOPTED this 6th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRI CH ...'''''\ NOES: COUNCI L ~1EMBERS: NONE t ABSENT: COUNCIL MEMBER: CUNNINGHAM; ......J Set July 20, 1981, as Public Hearing dates on the following app1 i cations: Prezoning request of A1 Montano at the southeast corner of Las Animas and Murray Avenues to M2 (General Industrial) District on approximately 15.17 acres; Fred Haro Rezoning Fi 1 ice Est. Vyds, et a1, Tent. Map Tent. Map ---, Arcadia Dev. .... $r. Center Trans. Prog. C1aim-P.L. March1evski Street Light Conv. Proj. 81-5 Petiti on re: Christmas Hi 11 Park .~>''iol - - 4593 Rezoning request of Fred Haro at 8091 Forest Street, south of Leaves1ey Road from M2 (General Industrial) to R2 (Two-Family) District on approximately 0.32 acres; Tentative Map request of Filice Estate Vineyards, et a1, for a residential subdivision of 95 lots on property located between Hecker Pass Highway and Mante11i Drive, west of Morey Avenue on land zoned RH (Hillside) District and R1 PUD (Single Family) Planned Unit Development District; and Tentative Map request of Arcadia Development Company for 124 condominium lots and 1 common lot on property located at the northwest corner of Tenth and Princeva11e Streets in an R3 (Low-Density Mu1tip1e- Family) District; Approved report in regard to Senior Center Transportation Program; Denied a property damage claim of Patricia L. March1evski. City Administrator Wood presented a report and recommendation on bids received for the Street Light Conversion Project 1981-5 recommending award of the bid of Howard Electric Company in the amount of $10,900.00. Motion was made by Councilman Link seconded by Council- man Pate and carried that Howard Electric Company be awarded the bid for the Street Light Conversion Project 1981-85 in the amount of $10,900.00, as recommended. The Mayor noted a petition from the residents of Yorktown Drive, etc., in the vicinity of Christmas Hill Park in regard to evening noise and light emanating from the park. City Administrator Wood noted his memo in regard to same, the Police Chiefls memo and memo from the Director of Parks and Recreation. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. John Locastro, 7041 Yorktown Drive, representing the peti- tioners, addressed the Council and noted that they request some response to their complaints. He further noted that they would agree to allow the City to attempt to alleviate the situation. The City Attorney noted that Christmas Hill Park has had an 11:00 o'c1ock p.m. closing time since 1974. Mr. Locastro further noted that the public address system at the amphitheatre area is not in control. Mr. Walt Glines, Member of the Softball Managers' Association, addressed the Council noting that their group has taken steps to alleviate the noise and that they are willing to work with City Staff on the matter. The Mayor notified the petitioners that the City would meet with the Softball Association and attempt to alleviate the situation. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. ..... Pedestrian Crossing- Mr. Charles Mendez, Eschenburg Drive, addressed the Council 6th & Prince- and noted that the pedestrian crosswalk at Sixth and Princeva11e Streets valle is not being yielded by vehicles. It was noted that Staff would inves- tigate the matter and possibly install warning signs at said location. SB 573 City Administrator Wood presented a letter from the County of Santa Clara urging support of SB 573, noting that same was approved under the Consent Calendar. 4594 Res. #81-68 Fi nanci a 1 Quarterly Report Gi1roy/M.H. Irrigation Disposal City Administrator Wood presented a request of the Gilroy Local 354, United Brotherhood of Carpenters & Joiners of America, honoring their Centennial Anniversary. Motion was made by Councilwoman Hughan seconded by Council- woman Albert that the reading of Resolution No. 81-68 be waived and that it be adopted honoring Gil roy Local 354, United Brother- hood of Carpenters & Joiners of America. RESOLUTION NO. 81-68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY HONORING THE UNITED BROTHERHOOD OF CARPENTERS AND JOINERS OF AMERICA AND LOCAL 354. PASSED AND ADOPTED THIS 6th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, LINK, PATE, TAYLOR and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: CUNNINGHAM ,~ I ' ......, A request of Councilman Taylor for a quarterly financial report was noted. Motion was made by Council man T ay1 or seconded by Councilman Link and carried that a quarterly financial report be presented to Council for their review. A letter from the California Regional Water Oua1ity Control Board (Central Coast District) in regard to Gilroy/Morgan Hill Irri- gation Disposal Study was presented and further explained by City Administrator Wood recommending authorization to proceed with apprai- sal and required E.I.R. for said project. Councilman Link further requested approval of soil testing required for said project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Staff be authorized to proceed with property appraisals, required E.I.R. and soil testing required for the Gi1roy/ ~ Morgan Hill Irrigation Disposal Study, as recommended. ..",J The following informational items were noted with no separate discussion on same: The Food Bank in appreciation of City support in Brown Bag Program; Reminder of July 14, Joint City Meeting on Airport Study; California Water Commission commending local conservation program; Certificate of Police Management Course como1etion to Chief Cowart; State in re: to Gilroy's "Hater Resources Loan/Grant" appli- cation; Continental Te1enhone Comnany request to P.U.C. for rate increase; Letters from the County Librarian, dated June 17, 1981 and June 24, 1981; Western Manufactured Housing Institute re: Manufactured Homes; League of California Cities Legislative Bulletin, dated June 26,1981; ... I I ..... Inter-City Council Meeting July 9, 1981; and Las Animas Technology Park Design Guidelines. Plan. Com. Report 7/2/81 ,~-...,. '....... AMD Site Plan .,.~", Gen. Plan ,Amendments --- Temp. Trailer Permit- J.Barrow P & R Com.~1eet. 6/16/81 Lib. & Cult. Com.6/2/81 [ Monthly Reports HCD Proj ects P & R Budget Transfers 4595 The Report of the Planning Commission Meeting of July 2~ 1981, was noted and further explained by Planning Director Dorn. The PUD Site Plan approval forAMD for Industrial Development continued from the June 15, 1981, regular Council meeting was reviewed and further explained by Planning Director Dorn. Mr. George Scalise, Vice-President of AMD, addressed the Council and further explained the proposed site plan requesting approval of same noting that the architectural plans would be submitted prior to issuance of a building permit. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the City Council accepts the request for the PUD Site Plan Approval for AMD with the conditions as proposed with the Planning Commission recommendation, findings as required in Section 55.5 of the Zoning Ordinance as follows: (1) Conform to the Gilroy General Plan in terms of general location and standards of development; (2) Provide the type of development which will fill a specific need of the surrounding area; (3) Not require urban services beyond those which are currently available; (4) Provide a harmonious, integrated plan which justifies exceptions, if such are required, to the normal requirements of this ordinance; (5) Reflect an economical and efficient pattern of land uses; (6) Include greater provisions for landscaping and open space than would generally be required; (7) Uti1itze aesthetic design principles to create attractive buildings and open areas which blend with the character of surrounding areas; (8) Not create traffic congestion, noise, odor or other adverse effects on surrounding area; and (9) Provide adequate access, parking, landscaping, trash areas and storage, as necessary. Councilwoman Albert voted "noll on the motion. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the General Plan Amendment Procedure be approved as recommended. Motion was made by Councilman Pate seconded by Councilman Link and carried that a one (1) year Temporary Trailer Permit be granted James Barrow, at 95 Leaves1ey Road for use as a temporary caretaker residence. The Minutes of the Parks and Recreation Commission Meeting of June 16, 1981, and the Senior Citizens' Advisory Council Meeting of May 19, 1981, were noted. Parks and Recreation Commissioner Rogers addressed the Council and further explained the Statement of Awareness adopted by the Parks and Recreation Commission to advise Council of the community needs. Council noted that a specific recommendation is needed for Council action. The Minutes of the Library and Culture Commission Meeting of June 2, 1981, were noted. City Administrator Wood presented the summary of Monthly Reports of May, 1981. City Administrator Wood presented a recommendation to adopt Section 3, Affirmative Action Plan for H.C.D. Projects. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Section 3 Affirmative Action Plan for H.C.D. Projects be adopted as recommended. City Administrator Wood presented a request for a Parks and Recreation budget transfer in the amount of $11,006 for continuation of the Teen Program at Wheeler Center for the remainder of the year. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the transfer in the Parks and Recreation Budget be approved as presented. 4596 Group Life Insurance Uti 1 i ty Const. Fund City Administrator Wood presented a recommendation to change carriers under the Group Life Insurance Plan. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Cityls Group Life Insurance be changed to Confederation Life as recommended. City Administrator Wood presented a recommendation to establish a Utility Construction Fund. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a Util ity Construction Fund be established from Utility Tax revenues as recommended. J Development Fees City Administrator Wood presented and explained a recommenda- tion to increase the Development Fees. Motion was made by Council- woman Hughan seconded by Councilman Pate that the reading of Resolu- tion No. 81~69 be waived and that it be adopted. Management Sa1ari es L i abi 1 ity & Workers Compo Insurance Median Task Force Workers' Compo Program Project 566 RESOLUTION NO. 81-69 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLU- TIONS NOS. 80-58 AND 80-109 SO AS TO ADJUST FEES FOR THE DEVELOPMENT OF RESIDENTIAL PROPERTY IN ACCORDANCE WITH THE CONSTRUCTION COST INDEX. PASSED AND ADOPTED this 6th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, HUGHAN, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBER: LINK ABSENT: COUNCIL MEMBER: CUNNINGHAM City Administrator Wood recommended that the Report on the Booster Pump energy costs at the Golf Course be discussed during review of the Golf Course Agreement. City Administrator Wood presented a request for Management Employees and salary survey requested by Council. Council noted that they would continue this meeting to an J Adjourned Regular Meeting of July 9,1981, at 3:00 p.m. and an ., Executive Session prior to action in regard to Management salaries. City Administrator Wood presented a report on the Cityls Liability and Excess Workers I Compensation Insurance and requested renewal with the present broker. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the City's Liability and Excess Workers' Compensation Insurance with A. Mason Blodgett be renewed as recom- mended. City Administrator Wood presented a Median Task Force recommendation further explained by Parks and Recreation Director. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that the Median Task Froce recommendations 'be approved as submitted. City Administrator Wood presented a recommendation to amend the agreement with Gates, McDonald to administer the City Workers' Compensation Program. Motion was made by Councilman Pate seconded by Councilman J Link and carried that the amended agreement with Gates, McDonald · . be approved as submitted. City Administrator Wood presented a Tentative Construction Schedule for the 566 Project. Drainage Facility City Administrator Wood presented a recommendation to accept Plan a Drainage Facility Plan and Areas of Benefit Study., Go 1f Course Agreement ...... I I .... Ponding-50 ac. Sewer Fa rm Property HCD Program - Inter-Govt. Council ..... Sr. Citizens Housing Proj. Fireworks Si ster Ci ty Jt. M.H ./Gil roy Meeting - ICC Meeting 4597 Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Drainage Facility Plan be adopted as submitted. Motion was made by Councilman Taylor seconded by Councilman Link that the reading of the proposed ordinance providing for areas of benefits be introduced and published by title and summary. Councilman Taylor, Chairman of the Council Golf Course Advisory Committee, recommended that the Report on the Golf Course Agreement and Booster Pump Costs be continued to the next regular Council Meeting of July 20, 1981, in order for the Board of Directors to consider addi- tional information at their July 7, 1981 meeting. Councilman Link, Chairman of the Council Sewer Advisory Committee, recommended that the 50 acres of sewer farm property purchased from Marian C. Waldon be prepared for ponding; project estimated at $60,000 to be shared by the City of Morgan Hill. Motion was made by Councilman Taylor seconded by Councilman Pate and carried that the 50 acre sewer farm property be prepared for ponding as recommended. Motion was made by Councilman Link seconded by Councilman Pate and carried that the 1981-82 Budget be amended to allow for said ponding project. Councilman Link requested that he be authorized to work with Staff to proceed with establishing a City HCD Program. Motion was made by Councilman Pate seconded by Councilman Taylor and carried that Council- man Link be authorized to work with Staff and proceed towards establishing a City Rehabilitation Program for Gilroy's jurisdiction as recommended. Councilwoman Hughan, representative of the IGC, noted that she has been appointed to serve on a Monitoring Technical Advisory Committee for housing, transportation, etc.; statistics to be staffed by the County Planning Department with information to be forwarded cities on a regular basis. Planning Director Dorn gave a progress report of the Senior Citizens' Housing Project on Third Street. City Administrator Wood presented a preliminary report of fire- works induced fires and accidents of July 4 & 5, 1981. Councilman Link inquired if the City could limit the issuance of licenses to local non-profit organizations. The City Attorney noted that he would investigate same. Fire Chief Brittain noted that he would be submitting a more complete fireworks report at a later date. The Mayor presented an English translation of a letter from the City's Sister City of Montice11i d'Ongina, Italy. Ms. Carolyn Ohanian, representing the San Martin Homeowners and Residents Association, addressed the Council and inquired of the location of the Airport Study Meeting. City Administrator Wood noted that the Joint Morgan Hill/Gilroy 11eeting would be in Morgan Hill on July 14, 1981, and that the place has not been determined. Ms. Ohanian noted that San Martin residents object to a Dinner Meeting since same discourages public participation. The Mayor noted the Inter-City Council Meeting of July 9, 1981, in Los Altos Hills, noting that Council will be scheduling a meeting in Gilroy on said date and no reservations for the ICC meeting were requested. 145'98 Gavilan Water Cons. Dist. Adjournment ... The City Attorney recommended that the City cancel its protest in paying the groundwater charges and the Gavilan Water Conservation District will then waive the delinquency and penalty charges of $2,730.00 previously submitted. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the City Administrator be authorized to inform Gavilan Water Conservation District that the City cancels its protest in paying the groundwater charges as recommended. At 10:05 p.m., motion was made by Councilman Taylor seconded by Councilman Link and carried that the meeting adjourn to Thursday, July 9, 1981, at 3:00 o'clock p.m., to be followed by an Executive Session to discuss Management salaries. Respectfully submitted, ~w~~~;4~