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Minutes 1981/07/20 Roll Call Intro. New Employee Consent Calendar Minutes 4599 July 20, 1981 Gil roy, Cal i forni a The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present: Council Members: Brian D. Cunningham, Marion T. Link, John E. Pate, Robert E. Taylor and Norman B. Goodrich. Absent: Coun- cil Members: Sharon Albert and Roberta H. Hughan. The Mayor noted that new employee Glenn R. Hilpert, Police Officer, would not be present for introduction. Motion was made by Councilman Link seconded by Councilman Cunningham that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Cunningham, Link, Pate, Taylor and Goodrich. Absent: Council Members: Albert and Hughan. Approved the Minutes of the Regular Council Meeting of July 6, 1981 ; Approved the Minutes of the Adjourned Regular Council Meeting of July 9, 1981; Ord. #81-22 re: Adopted Ordinance No. 81-22 establishing Storm Drain Areas of Storm Drains Benefit. Dev.Agree. re: S.C. Co. Hous. Auth. Cl aim-T. Perez Budget Amend- ments Pub. Hear. re: Prezoning- A.Montano ORDINANCE NO. 81-22 ORDINANCE OF THE CITY OF GILROY ESTABLISHING STORM DRAINAGE AREAS OF BENEFIT . PASSED AND ADOPTED this 20th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCI L MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ALBERT and HUGHAN; Approved a Development Agreement with the Housing Authority of Santa Clara County; Denied a Personal Injury Claim of Ms. T. Perez; Approved a request for 1981-82 Expenditure Budget Amendments. The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Mr. Al Montano on approximately 15.17 acres to M2 (General Industrial) District located at the southeast corner of Las Animas and Murray Avenues. 4600' Intro. Ord. Pub. Hear. re: Rezoning- F. Haro Intro. Ord. Pub.Hear. re: Tent. Map- Filice Est. Vyds., et a 1 Pub.Hear. re: Tent. Map- Arcadia Dev. Co. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposed prezoning. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- man Link and carried that a proposed ordinance be introduced and published by title and summary granting the prezoning request of Mr. Al Montano endorsing the Planning Commission's recommendations with Section 40 of the Zoning Ordinance to apply to said application. The City Attorney noted that he would have a resolution for adoption at the time the ordinance is adopted imposing the industrial park requirements for the subject property. I........ . ! ..... The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Fred Haro on approximately 0.32 acres from M2 (General Industrial) to R2 (Two-Family) District at 8091 Forest Street, south of Leavesley Road. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposed rezoning. There was no comment from anyone in the audience. Motion was made by Councill1anCunningham seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Pate seconded by Councilman Link and carried that a proposed ordinance be introduced and published by title and summary rezoning the subject property as presented. ,...'<;'..... 1 ........ The Mayor stated that it was the time and place scheduled for a Public Hearing on a Tentative Map request of Filice Estate Vineyards, et al, on approximately 98 acres for a residential subdivision of 95 lots located between Hecker Pass and Mantelli Drive, west of Morey Avenue. Planning Director Dorn presented and explained the Staff Report. He noted that the applicant agrees to recommended conditions imposed. The Mayor asked if there was anyone in the audience wiShing to speak for or against the proposal. There was no commend from anyone in the audience. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilman Cunningham and carried that the Tentative Map as presented for Filice ~ Estate Vineyards, et al, be approved as presented. -- The Mayor stated that it was the time and place scheduled on a Tentative Map request of Arcadia Development Company on aprpoximately eight (8) acres for 124 Condominium Lots and one (1) Common Lot located at the northwest corner of Tenth and Princevalle Streets in an R3 (Low-Density Multiple-Family) District. ...., -- ,.... ... Sewage Treat. Plant Change o rde r -- ... Sewer Revenue Study 4601 Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Joseph Trigueiro, representing Ruth & Going, Architects for the project, addressed the Council, noting his presence to answer ques- tions regarding the Tentative Map request. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Mr. Ray Furtado, 716 Ninth Street, addressed the Council, repre- senting the neighbors in the area, noting his concern about the fence dividing their properties from the subject Tentative Map property, same to be in poor condition. It was noted by Staff that the City will require a fence which is in good condition. Mr. Furtado further inquired about the number of units allowed and cost of proposed condominiums. Staff noted that the proposal is for fifteen (15) units per acre and that under the present zoning, sixteen (16) units would be allowed per acre, and that the price of the units is not known at this time. The Mayor asked if there was anyone further in the audience wishing to speak on the proposed Tentative Map. There was no comment from anyone in the audience. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the proposed Tentative Map. Motion was made by Councilman Link seconded by Councilman Pate and carried that the Tentative Map of Arcadia Development Company be approved as presented. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. There was no comment from anyone in the audience. Mr. James Boarer, Office Manager of Consoer, Townsend, addressed the Council in regard to a Change Order for a Transfer Switch proposed to be installed at the Sewage Treatment Plant and recommending installa- tion of same, cost estimated at $163,574.00. Discussion was had by Council on the matter. City Administrator Wood recommended proceeding with the installa- tion of the transfer switch and that Staff rationalize and negotiate differences with Consoer, Townsend on this matter. Motion was made by Councilman Link seconded by Councilman Pate and carried that Staff be authorized to proceed with the Change Order for installation of the transfer switch recommended subject to concurrence by the City of Morgan Hi ll. Councilman Cunningham voted uno" on the motion. Mr. James Boarer, Consoer Townsend, presented a Sewer Revenue Study explaining same and recommending adoption of the new sewer rate schedule. City Administrator Wood recommended that said study be referred to Staff for a recommendation in regard to the proposed rates. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Sewer Revenue Study be referred to Staff for a recommendation on the proposed new sewer rate schedule. 4602 J.Chapa re: Police Dept. Taxicab Business ~lachado/Brad- shaw Traffic Devices & Speed L imits- Church & Ronan Plan. Com. Pers. Com. 7113/81 Facil iti es Maint.Sup. Res. #81-70 re: Non-Discrimi- nation Policy Motion was made by Councilman Cunningham that Consoer Town- send be given a thirty (30) day notice of termination. Motion died for lack of a second. A letter from Mr. Jose Chapa was noted complaining about a Police Officer's alleged accusation. Mr. JOse Chapa addressed the Council further explaining the incident and requesting an apology from the Commander in question. Police Chief Cowart addressed the Council further reporting on the matter in regard to the subject incident and recommended that the matter be closed and the City pledge continued cooperation in good faith. ~ , 1 j .....J Receipt of an application was noted from James t1achado and Don Bradshaw requesting a license to operate a taxicab business at 7881 Eigleberry Street. Police Chief Cowart noted that a preliminary investigation has been conducted in regard to this application and that final investigation in regard to the applicants is being processed. He noted that he has no objection to said business subject to final investigation of the applicants. Motion was made by Councilman Cunningham seconded by Council- man Taylor and carried that the request from James Machado and Don Bradshaw to operate a taxicab business be approved subject to final investigation as recommended by the Police Chief. A request of Ms. L. F. Beams was noted requesting a 4-Way Stop and Speed Limit at Church Street and Ronan Avenue. City Administrator Wood recommended that same be referred to STaff for recommendation on said matter. ~ The Mayor referred same to STaff for a recommendation on the request of Ms. Beams. - The following informational items were noted with no separate discussion on same: County of Santa Clara, Central Permit Office, re: Limited Referral Services; Certificate of Commendation to a local citizen; Senator Alquist in re: to SB 573; and Local Agency Formation Commission Fee Increases. The Mayor noted that there was no scheduled meeting of the Planning Commission on July 16, 1981, as noted on the agenda. The Report of the Personnel Commission Meeting of July 13, 1981, was noted. Motion was made by Councilman Pate seconded by Councilman Link and carried that the classification description and salary range for the position of Facilities Maintenance Supervisor be approved as recommended. ~ 1 I ..... Motion was made by Councilman Cunningham seconded by Councilman Link that the reading of Resolution No. 81-70 be waived and that it be adopted for a policy of non-discrimination on the basis of marital status, as recommended. RESOLUTION NO. 81-70 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING A POLICY OF NON-DISCRIMINATION ON THE BASIS OF MARITAL STATUS. PASSED AND ADOPTED this 20th day of July, 1981, by the following vote: 4603 AYES: NOES: ABSENT: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: ALBERT and HUGHAN Sr. Citizens' Councilman Link suggested that the fringe benefits for the position Coordinator of Senior Citizens' Coordinator be fully funded by the City and that the salary be funded from Grant Funds only. ....., , ...J Discussion was had by Council on the matter. Motion was made by Councilman Pate seconded by Councilman Cunning- ham and carried that the classification description and salary range 25 for the position of Senior Citizens' Coordinator be approved as recommended. Councilman Link voted "noll on the motion. Motion was made by Councilman Link seconded by Councilman Cunning- ham that the salary range for Senior Citizens' Coordinator position be from grant funds and fringe benefits to be paid for fully by the City. Motion failed. Council t1embers Pate and Goodrich voted IInoll on the motion. The City Attorney noted that said motion did not pass; that said motion requires four (4) affirmative votes to pass. Disbursements City Administrator Wood presented a Report of Disbursements from June 1, 1981, through June 30, 1981. Councilman Taylor inquired of the two (2) warrants, No. 16699 and 16902, to Sound of Plants, both payments in the amount of $9,120.31. Staff noted that same would be checked to determine if same is a duplicate payment. PERS City Administrator Wood presented and explained a report on a PERS savings. Off-Duty Police Pay -- ..... Geohydrologic Study Christmas Hill Pk. Security Overtime Res. #81-71 re: Prop. Ronan- L iman Assmt. Di st. -- ..... City Administrator Wood presented a report on Off-Duty Police Security Service Pay. Discussion was had by Council. Police Chief Cowart further explained the recommendation. City Administrator Wood recommended that the matter be further studied and report back to Council on same at the next regular Council Meeting. City Administrator Wood presented a report and recommendation on a Geohydrologic Study at Gilroy.s ~Jastewater Disposal Facility. He recommended that the City proceed with said study estimated at $6,919.99. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the City proceed with a Geohydrologic Study at Gilroy's Wastewater Disposal Facility as recommended - study estimated at $6,919.99. City Administrator Wood presented a request for clarification on additional overtime request for patrol at Christmas Hill Park. City Administrator noted that same could be tabled to await a report from the Committee studying said matter. Director of Public Works-City Engineer Hansen presented a resolu- tion requesting consent of the Board of Supervisors of Santa Clara County to consent to Exercise of Extraterritorial Jurisdiction re: proposed Ronan Avenue-Liman Avenue Assessment District. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 81-71 be waived and that it be adopted. RESOLUTION NO. 81-71 A RESOLUTION REQUESTING CONSENT OF THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO THE EXERCISE OF EXTRATERRITORIAL JURISDICTION TO UNDER- TAKE PROCEEDINGS FOR THE ACQUISITION AND XONSTRUCTION OF PUBLIC IMPROVE- MENTS AND TO PROVIDE THAT THE COSTS SHALL BE ASSESS UPON THE DISTRICT BENEFITED THEREBY UNDER APPROPRIATE SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS - RONAN AVENUE-LIMAN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 20th day of July, 1981, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, LINK, PATE, TAYLOR and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: ALBERT and HUGHAN 4f504 Golf Course Agreement Old City Hall Project Burglar Alarm- Ci ty Ha II Adjournment Councilman Taylor, Chairman of the Golf Course Advisory Committee, reported on a proposed Golf Course Agreement recommending the Operator's $65,000 prior to any excess of same to split with the City and recommended changes in the agreement as outlined in the report which has been agreed upon by the Golf Course Board of Di rectors. Motion was made by Councilman Cunningham seconded by Council- man Pate and carried that the recommendation of the Golf Course Advisory Committee be approved as outlined. Discussion was had in regard to the electrical costs of operating the booster pump at the Golf Course. George T. Duffin, President of the Gilroy Golf & Country Club, addressed the Council obj ecti rtgto the City charging for the operation costs O~ot~onb~gstm~dgu~Y.coB~~t~ma~O?a~T~rhggc8Rd~Beb~aebUhtilman Cunningham and carried that the electrical costs of the booster pump at the Golf Course be charged from the City's portion of the profit; charges to begin July 1, 1981. Councilman Pate voted IInoll on the motion. ~ I ,( ;! i ..... (At 10:25 p.m., Councilman Cunningham left the Council Chambers.) Further discussion was had in regard to the $14,000 Golf Course Budget for 1981-82 and Mr. Duffin noted that the $14,000 budget has been earmarked for planned capital improvements at the Golf Course; that Council's action in regard to the electricity charges for the booster pump would reduce said budget to $9,000. Council assured President Duffin that the Golf Course Budget for 1981-82 would remain at $14,000 and that the electricity charges for the booster pump would only be funded out of the City's share of the profit if there is a profit realized. ~ City Administrator Wood noted an invitation from the lessees of the Old City Hall Building Project to the Council Advisory Com- mittee for same, to be scheduled for a luncheon in Watsonville to explain proposed plans for the Old City Hall Renovation Project. Councilman Pate, Chairman of said Committee, requested that same be scheduled after August 3, 1981. - u. City Administrator Wood reported on the Burglar Alarm System at the City Hall recommending additional alarms be installed; esti- mated cost - $5,719.00. Motion was made by Councilman Pate seconded by Councilman Taylor and carried that the 1981-82 Budget be amended in the amount of $5,719.00 to allow for installation of said burglar alarms as recommended. At 10:36 p.m., the Mayor adjourned the meeting. Respectfully submitted, A~jt.~ r City ClerX ~ I ........