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Minutes 1981/08/03 Ro II Call "".,.. I I Intro. New Employee I -- Cert. of Service Consent Calendar Minutes Ord. #81-23 re: A.Montano Prezoni ng ........ - Res. #81-72 re: Ind.Pk. Re- quirements- A.Montano Ord. #81-24 re: F. Haro Rezoning ..... ... August 3, 1981 Gilroy, California 4605 The Regular Meeting of the Gilroy City Council was called to order by Mayor Protempore John E. Pate at 8:03 p.m. Present: Council Members: Sharon Albert, Brian D. Cunningham, Roberta H. Hughan, ~1arion 1. Link, Robert E. Taylor and John E. Pate. Absent: Mayor Norman B. Goodrich. Mayor Protempore Pate introduced new employee, Marlene Stevenson, Junior Planner. Mayor Protempore Pate presented a Certificate of Service and Gift Certificate to Arnold Wenneberg, retired Senior Custodian. Motion was made by Councilman Link seconded by Councilman Cunning- ham that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan, Link, Taylor and Pate. Absent: Mayor Goodrich. A. Approved the Minutes of the Regular Council Meeting of July 20, 1981. B. Adopted Ordinance No. 81-23 prezoning approximately 15.17 acres to M2 (General Industrial) District, located at the southeast corner of Las Animas and Murray Avenues, Al Montano, applicant. ORDINANCE NO. 81-23 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 15.17 ACRE PARCEL ADJOINING THE CITY OF GILROY AT THE SOUTHEAST CORNER OF MURRAY AND LAS ANIMAS AVENUES AS M2 (GENERAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 3rd day of August, 1981, by the following vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich C. Adopted Resolution No. 81-72 imposing Industrial Park require- ments for Al Montano property. RESOLUTION NO. 81-72 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING AN INDUS- TRIAL PARK DISTRICT IN CONJUNCTION WITH ORDINANCE NO. 81-23 PREZONING 15.17 ACRES AT THE SOUTHEAST CORNER OF MURRAY AND LAS ANIMAS AVENUES AS M2 (GENERAL INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 3rd day of August, 1981, by the following vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich D. Adopted Ordinance No. 81-24 rezoning approximately 0.32 acres from M2 (General Industrial) District to R2 (Two-Family) District at 8091 Forest Street, south of Leavesley Road, Fred Haro, applicant. ORDINANCE NO. 81-24 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 0.32 ACRE PARCEL LOCATED AT 8091 FOREST STREET, SOUTH OF LEAVES LEY ROAD, FROM M2 (GENERAL INDUSTRIAL) DISTRICT TO R2 (TWO- FM~I LY) RES I DENCE DI STRI CT. PASSED AND ADOPTED this 3rd day of August, 1981, by the fOllowing vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich Damage Claim - E. Denied a Damage Claim of ~Iater Ways Irrigation Engineers, Water Ways Inc. Irrigation,Inc. 4606 Pers. Inj. Claim-J. Hopf, Jr. Petition re: Gen. Plan Amendment Res. #81-73 Hornlein Ct. Improvements F. Denied a Personal Injury Claim of John Hopf, Jr. (a minor), and Application to Present Late Claim. City Administrator Wood noted a petition from Ruben Lujan, Jr. et al, for submission to voters of a proposed amendment to the General Plan of the City of Gilroy and proposed Zoning Ordinance. The Deputy City Clerk read the Certificate of the Registrar of Voters to Initiative Petition, indicating sufficiency of the Petition. The City Attorney explained that Council could adopt, by ordinance, the contents of the Petition to amend the General Plan and Zoning Ordinance, or place the measure on the November 3, 1981, ballot. r1 i ~ ...... Motion was made by Councilman Cunningham and seconded by Councilwoman Albert that an ordi nance be introduced and pub li shed by title and summary amending the General Plan and Zoning Ordinance to include Sections 1, 2, 3 and 4 of the Initiative Petition as submitted to the City Council and as verified by the Registrar of Voters. The motion failed to pass by the following Roll Call Vote: Ayes: Council Members: Albert and Cunningham. Noes: Council Members: Hughan, Link, Taylor and Pate. Absent: Mayor Goorlrich. Motion was made by Councilman Taylor seconded by Councilman Link that thereadinq of Resolution 81-73 be waived and that it be adopted requesting the Board of Supervisors of Santa Clara County to consolidate the measure with the Biennial Governing Board Member Election, November 3, 1981, to include wording of the ballot measure as prepared by the City Attorney and subject to final Council review. RESOLUTION NO. 81-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CLARA TO CONSOLIDATE INITIATIVE MEASURE WITH THE BIENNIAL GOVERNING BOARD MEMBER ELECTION, NOVEt1BER 3, 1981. PASSED AND ADOPTED thi s 3rd day of August, 1981, by the foll owi ng vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich ~ .... . Motion was made by Councilman Link seconded by Councilrlan Taylor and carried that the City Attorney be directed to prepare an Analysis of the ballot measure. Discussion was had regarding the submission of pro and con arguments for the ballot measure. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that City Staff not be directed to prepare an argument opposing the Initiative Measure on the ballot. The motion was passed by the following Roll Call Vote: Ayes: Council Members: Albert, Cunningham, Hughan and Pate. Noes: Council Members: Link and Taylor. Absent: Mayor Goodrich. Further discussion was had by Council on the matter. Motion was made by Councilwoman Hughan seconded by Council- .~ woman Albert and carried inviting the Coalition for Progress to : 1 prepare the argument in opposition to the Initiative Measure and ....... the Petitioners to prepare the argument in favor of same. It was requested by Staff that all arguments be submitted to the City Clerk by Noon, August 12, 1981, in order to be presented at an adjourned meeting of August 13, 1981, noting that said arguments must be submitted to the County on August 14, 1981. City Administrator Wood noted a letter from Peter G. Shutts, A.I.A., requesting the City to allow Mr. Thomas M. Bidegary (Arrow- head Associates) to develop and improve the public right-of-way on Hornlein Court for public parking and landscaping. Hous. Auth. Appeal re: Impact Fees "",.. i -- 1JIIll'"i... - Monthly Reports Towing Service Ordinance :1 ..... Ind.Waste Pre- treatment 4607 Discussion was had on the matter. It was moved by Councilman Link seconded by Councilman Cunningham and carried that the proposal for parking lot improvements on Hornlein Court be approved in concept and that Staff be instructed to prepare the appropriate documents for Council's final approval. City Administrator Wood noted a letter from the Housing Authority of Santa Clara County appeqling the School Board's decision denying their request for waiver of school impaction fees. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that an appeal hearing to consider the request of the Housing Authority regardinq school impaction fees be set for August 17, 1981, and that the School District be notified of same. The following informational items were noted with no separate discussion on same: Applications filed with LAFCO: a. IITenth Street Reorganization 81-511, Ernest S. Filice, et al, south side of Tenth Street between Alexander and Tenth Street, 14.366 acres. b. "East Freeway Reorganization 81-311, Ernest S. Filice, et al, north of Luchessa Avenue, between South Valley Freeway and Pacheco Pass Highway, 68.51 acres. c. II East Freeway Reorgani zati on 81-6", South County Development, Neil Hamm, south side of Pacheco Pass Highway between South Valley Freeway and Luchessa Avenue, 33.54 acres; Carpenter's Union in appreciation of service by local police department; South Santa Clara County Housing Development Corporation Quarterly Project Reports; and Assemblyman Cortese in re: to SB 573. City Administrator Wood noted a correction in the Monthly Reports of June, 1981. The percentage of water pumped in 1979 should be 3.9% instead of 5.9% as shown. City Administrator Wood noted a proposed Towing Service Ordinance. Chief of Police Cowart further explained the proposed ordinance noting a need for these regulations to insure the efficient handling of police tow services. Discussion was had on the matter and the number of agencies to be placed on the towing list. Further discussion was had. Motion was made by Councilman Cunning- ham seconded by Councilman Taylor and carried that an ordinance be introduced and published by title and summary as presented by Staff providing regulations for towing services with Sub-Section b to be changed to read that the number of towing services shall be set by resolution from time to time by the City Council. Councilwoman Hughan voted IInoll on the motion. It was determined that a resolution setting the number of towing services on the towing list be adopted after adoption of the above ordinance and that the Administrative Rules and Regulations be reviewed at that time. City Administrator Wood ntoed a proposed ordinance for the pre- treatment of industrial sewage. Mr. Richard Foss, PRC Consoer Townsend, consultants, addressed the Council and explained the proposed ordinance and the need for public participation meetings mandated by the EPA as part of the Industrial Waste Pretreatment Program. 4608' Master Plan- Wheeler Aud. Res. #81-74 re: 1981 Garl i c Festi val & Bi II Ayer St. Tree Maint. Contract Specs. Mr. Mario Del Solar, representing the industrial users, addressed the Council expressing concenn about the definition of "industrial plantll, noting the food industries do not fall under the designation of industrial dischargers but are food processing water discharqers, and objected to the adoption of the oroposed ordinance. - . Discussion was had on the matter by Council. It was moved by Councilwoman Hughan seconded by Councilman Cunningham and carried to continue the matter for further Staff study and information and to obtain additional input from the I~ industrial users. i I ...... City Administrator Wood noted a Report on the Master Plan for Wheeler Auditorium. Director of Parks & Recreation Ayer explained the proposal. Mr. Martin Garfinkle, architect, addressed the Council and explained the Master Plan and Site Plan for the project. (At 9:40 p.m., Councilman Link left his seat at the Council table and returned at 9:43 n.m.) Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Council- woman Albert and carried that the Master Plan for Wheeler Auditorium as submitted by Staff and the Architects, be accepted. Council Members Link and Taylor voted "noli on the motion. Motion was made by Councilman Cunningham seconded by Council- woman Hughan and carried that the Director of Parks and Recreation be authorized to spend money (estimated $300) as necessary to prepare a presentation booklet to seek funds for the project. Council Members Link and Taylor voted "noli on the motion. , ...."J Motion was made by Councilwoman Hughan seconded by Council- woman Albert that the Director of Parks and Recreation be authorized to proceed with seeking funds for the project including the applica- tions for grants as outlined. Council Members Link and Taylor voted "no" on the motion Mayor Protempore Pate deviated from the Agenda to accommodate a request by Councilwoman Hughan for adoption of a resolution com- mending Bill Ayer as President of the Garlic Festival and for the success of this year's event. Motion was made by Councilwoman Hughan seconded by Councilman Cunningham that the reading of Resolution No. 81-74 be waived and that it be adopted complimenting and thanking Mr. Bill Ayer for his work as 1981 Garlic Festival President and the ultimate success of this year's festival. RESOLUTION NO. 81-74 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY HONORING GILROY GARLIC FESTIVAL III AND BILL AYER AS GARLIC FESTIVAL PRESIDENT. PASSED AND ADOPTED this 3rd day of August, 1981, by the following vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich , ....... City Administrator Wood explained a report on the specifications for contracting for street tree maintenance and recommended approval of the specifications for the pruning of 116 large trees within a one (1) year period. Discussion was had on the matter of having a contract for the pruning and maintenance of all street trees rather than 116 trees as outlined in the specifications presented to Council. 4609 Motion was made by Councilwoman Hughan seconded by Councilwoman Albert to approve the specifications for street tree maintenance as submitted and authori ze the ca 11 for bi ds. The moti on failed to pass by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan and Pate. Noes: Council Members: Cunningham, Link and Taylor. Absent: Mayor Goodrich. (The City Attorney noted that said motion requires four affirmative votes to pass.) Motion was made by Councilman Cunningham seconded by Councilman Taylor and carried that Staff be requested to submit an estimate of the City.s cost to perform the same work as described in the specifica- tions for street tree maintenance and that the proposed specifications be brought back to Council at that time for question. Budget Amendment City Administrator Wood presented a request to amend the 1981-82 Expenditure Budget. ......... - Sewer Rate Increase ~, Res. #81-75 ..... Chri stmas Hi II Pk. Toil et Facil iti es Replacements ...... I i II.- Golf Course Dual Water System Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that the 1981-82 Budget be amended as requested. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that all future routine budget amendments be placed under the Consent Calendar for approval. City Administrator Wood presented a report on the proposed sewer rate increases noting a comparison between the Consultant.s proposed rates and Staff's proposed rates. He advised Council that, in fairness to the Consultant, their study was based upon the Preliminary Budget rather than the Final Budget and, as a consequence, were not fully aware of the subsequent budget cuts. City Administrator Wood further noted that the consultants have recommended an increase in rates of 127% ($5.78/mo. residential), and that Staff is recorrmending an increase of 40% ($3.55/mo. residential as compared to the current $2.55/mo.). Motion was made by Councilman Link seconden by Councilman Cunning- ham that the reading of Resolution No. 81-75 be waived and that it be adopted approving the sewer rate increase as presented ann that said increase shall become effective September 1, 1981. RESOLUTION NO. 81-75 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVI CEo PASSED AND ADOPTED this 3rd day of August, 1981, by the following vote: AYES: COUNCIL MEMBERS: Albert, Cunningham, Hughan, Link, Taylor and Pate NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: Goodrich City Administrator Wood noted a request for a budget amendment in the amount of $2,729 for Christmas Hill Park toilet replacements. Director of Parks and Recreation Ayer further explained the request noting a low bid submitted by Pavese Plumbing in the amount of $4,329 and further noting the amount budgeted for this project was $2,000. :) ) It was moved by Councilman Cunningham seconded by Councilwoman Hughan and carried that the 1981-82 Budget be amended in the amount of $2,729 to cover costs for replacement of toilet facilities at Christ- mas Hill Park. City Administrator Wood presented a report on the Golf Course Dual Water System noting a budget amendment would be required in the amount of $12,080 for installation of a 6,000 gallon tank and related valves and piping to facilitate the use of reclaimed water at the Golf Course. He further noted it has been recommended a new $8,000 booster pump and motor be installed to maintain the existing watering cycles at the Golf Course and that this cost would be recovered by the operator through more efficient watering. 4610 Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that a budget amendment in the amount of $12,080 be approved to cover costs for the dual water system at the Golf Course, same to be charged to the Water Reclamation account. Further discussion was had regarding installation of the booster pump and motor. Motion was made by Councilman LInk seconded by Councilwoman Hughan and carried that the Gilroy Golf & Country Club be offered the opportunity to replace the booster pump and motor and pay for it over two (2) years n out of their capital improvement money. Councilman Taylor voted "noll on the motion. ___ Tent. Map Extn.- Director of Public Works-City Engineer Hansen presented a request Las Animas for an extension of a Tentative Map for Tract #6807, Las Animas Park Pk. Unit #1, Unit #1 (Lazzarini). Tr. 6807 Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried that the request for extension of a Tentative Map for Las Animas Park, Unit No.1, Tract 6807 (Lazzarini) be approved to December 31, 1981, to coincide with the expiration of the developer's buildout schedule. Overhead Trans- Director of Public Works-City Engineer Hansen presented a recom- mission Line mendation to allow an existing overhead electrical transmission line to remain in place, noting the developers of the Las Animas Technology Park have requested same. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilman Cun- ningham and carried approving the re~uest of Las Animas Technology Park to allow the overhead electrical transmission line running northerly and southerly along the most easterly boundary of their property to remain in place. ~. I I - Motion was made by Councilman Taylor seconded by Councilman Cun- ningham and carried that the transmission line where it crosses over Leavesley Road shall remain as it presently is rather than go under- ground. Councilwoman Albert voted "no" on the motion. Roadway Width- Director of Public Works-City Engineer Hansen requested Council S.Monterey direction regarding the roadway width on South Monterey Street between St. Tenth Street and Thomas Road, and the curbing in the vicinity of the Gilroy Dispatch building. Discussion was had by Council on the matter. Motion was made by Councilman Cunningham seconded by Councilman Taylor that the curbing on South Monterey Street, from Thomas Road to Tenth Street, be set back five (5) feet from its present location to within ten (10) feet of the property line. The motion failed to pass by the following Roll Call Vote: Ayes: Council Members: Cunningham, Pate and Taylor. Noes: Council Members: Albert, Hughan and Link. Absent: Mayor Goodrich. (The City Attorney noted that four affirmative votes are required for the motion to pass.) Motion was made by Councilman Link seconded by Councilman Cunning- I~l. ham that the curb lines on both sides of Monterey Street between Thomas . Road and Tenth Street be set back to within ten (10) feet of the property '..- line. The motion passed by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Taylor and Pate. Noes: Council Member: Albert. Absent: Council t1ember: Mayor Goodrich. Motion was made by Councilman Link seconded by Councilman Cunning- ham and carried that for the present time, the curbing in front of the Gilroy Dispatch property be left in place, and Staff not~fy the Dispatch in writing that, in some future time, this curbing will be set back five (5) feet. Historical Heritage Committee League Conf. Temp. Trai 1 er Permit r' " '....... Hi-Ranger Re- placement Ind. Pond Improvements ..',"~ '- Garlic < Festival Co.. Exec. Adjournment "".,..,"'. - 4611 The Minutes of the first meeting of the Historic Heritage Committee were noted. City Administrator Wood noted the Annual League of California Cities Conference to be held in San Francisco, October 17-20, 1981, and requested he be advised as soon as possible if any Council Members are planning to attend. City Administrator Wood noted a request of the Santa Clara County Housing Authority to place three (3) temporary trailers on the construc- tion site of the Senior Citizens Housing Project at Third Street and Wren Avenue. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Santa Clara Housing Authority be allowed to place three (3) temporary trailers on the construction site at Third Street and Wren Avenue for the duration of construction of the project. It was noted that two trailers were to be used by the contractor and one was to be used by Housing Authority personnel. City Administrator Wood presented a recommendation to pruchase a new Hi-Ranger in the amount of $47,000 to replace the 1968 unit which is currently inoperable, further noting repairs to get the current unit back in service are estimated at $13,000. Discussion was mad on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that action on the request to purchase a new Hi-Ranger unit be deferred until the estimate for street tree maintenance costs and bids are received. Director of Public Works-City Engineer Hansen requested a budget amendment in the amount of $27,000 to complete the industrial ponds improvements and recommended negotiating a contract with Caorista Underground Construction for rental of equipment and that we purchase the necessary rock and install the rock ourselves. Discussion was had on the matter. Motion was made by Councilman Cunningham seconded by Councilman Link and carried that the Director of Public Works be authorized to proceed with the work as described assuming there is enough money in the appropriate fund to cover expenses. Bill Ayer, as Garlic Festival President, reported on the success of the 1981 Garlic Festival and thanked Council for the use of Christmas Hill Park and noted the completion of the stage cover at the amphi-theatre. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that Staff be directed to send a congratulatory letter to the new County Executive, Sally Reed. At 11:20 p.m., motion was made by Councilman Link seconded by Council- man Taylor and carried that the meeting be adjourned to August 13, 1981, at 8:00 p.m., to review the Initiative Ballot Measure. Respectfully submitted, &~~/ e t11ff-- . Deputy Ci ty Cl er