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Minutes 1981/12/07 4658 Roll Call Lib. & Cult. Commissioner " December 7, 1981 Gilroy, California The Regul ar Meeti ng of the Gil roy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:01 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. The Mayor declared a moment of silence in memory of Bob Voorhees. The Mayor noted that David Gallardo was not present to receive a Certificate of Commendation. The ~iayor noted that Harold Whitlock, retired Library and Cul- ture Commissioner, was not present to receive a Certificate of Service. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Adjourned Regular Council Meeting of November 10, 1981; Approved the Minutes of the Regular Council Meeting of November 16, 1981; r-l ~~~: ~:~~~4@re: specialA~~~~~~.ordinance No. 81-34 Regulating Security Personnel at ... Spec. Events Consent Calendar Minutes Ord. #81-35 re: Code Amend. r , Def. Dev. Agree. P. Burge Improvements- Eigleberry St. Improvements- Tr. #6253 Budget Amendments -.... Bids re: Down- town Rewirinq Proj. - 4659 ORDINANCE NO. 81-34 AN ORDINANCE OF THE CITY OF GILROY REGULATING SECURITY PERSONNEL AT SPECIAL EVENTS. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; ORDINANCE NO. 81-35 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 8.2 OF THE GILROY CITY CODE SO AS TO CONFORM TO NEW CHAPTER 18C. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: COUNCI L MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Approved a Deferred Development Agreement with Peter Burge, et ux. Accepted improvements for 7001 Eigleberry Street; Accepted improvements for Tract No. 6253 (Ghirlanda); and Approved a request for Budget Amendments as recommended. City Administrator Wood presented a recommendation to award the bid of Howard Electric Company in the amount of $29,011.00 for the Down- town Monterey Street Rewiring Project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of Howard Electric Company be awarded in the amount of $29,011.00 for the Downtown Monterey Street Rewiring Project as recommended. Bids re: Pruning City Administrator Wood presented a report on bids received for City Street Pruning of City Street Trees and other tree care work. Trees, etc. (J Pub. Hear. re: M. Oshan Rezoning Motion was made by Councilman LInk seconded by Councilman Taylor and carried that same be continued to the next regular Council Meeting of December 21, 1981, in order for Council to study same at a Study Session of the Council. Council set December 14, 1981, at 8:00 p.m. for said Study Session. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Michael I. Oshan, apnlicant, at 7860 Hanna Street, between First and Second Streets from R3X (High- Density Multiple-Residence) District to PO (Professional Office) District, .172 acre parcel. 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. Mr. Michael I. Oshan, applicant, addressed the Council and further explained the proposed rezoning. 4660 The ~layor asked if there was anyone further present in the audience wishing to speak for or against the proposal. There was no comment from anyone in the audience. Motion was mane by Councilman Link seconded by Councilwoman Hughan and carried that the Public Hearin0 be closed. Discussion was had by Council on the matter. Res. #81-106 Denying Re- zoning Req. Motion was made by Councilwoman Hughan seconcted by Councilman Link that the reading of Resolution No. 81-106 be waived and that it be adopted denying said rezoning request. RESOLUTION NO. 81-106 o RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING THE APPLICA- TION OF MICHAEL I. OSHAN TO REZONE THE 0.172 ACRE PARCEL AT 7860 HANNA STREET FROM R3X DISTRICT TO PO DISTRICT. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: NOES: ARS FNT = COUNCIL MEMBERS: HUGHAN, LINK, TAYLOR and GOODRICH COUNCIL MEMBERS: ALBERT, GAGE, and VALDEZ COUNCIL MEMBERS: NONE Thomas Rd. 81-4 The ~1ayor noted receipt of a Petition from Ernest E. Filice, et ux, Reorganization requesting annexation of 5.65 acres of Uninhabited Territory to be known as "Thomas Road Reorganization 81-411 located on the northerly side of Uvas Creek (Carnadero), westerly of Thomas Road, approved by LAFCO November 5, 1981. #81-107 City Administrator Wood explained the location of the proposal. Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 81-107 be waived and that it be adopted approving reorganization of the subject territory. n I , .... RESOLUTION NO. 81-107 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIR- ECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COMMISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS THOMAS ROAD REORGANIZATION NO. 81-4 OF THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE of the property owners. .~_._...__. -, ----;I -...- ..-- --~ -- r-- - --- Res. #81-109 Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 81-109 be waived and that it be adopted setting a Public Hearing date of February 1, 1982 on said pro- posal. RESOLUTION NO. 81-109 RESOLUTION INITIATING REORGANIZATION OF TERRITORY DESIGNATED AS IITENTH STREET REORGANIZATION 81-5 OF THE CITY OF GILROY", AND GIVING NOTICE OF TIME AND PLACE FOR HEARING OF PROTESTS THERETO. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL t~n1BERS: NONE ABSENT: COUNCIL MEMBERS: NONE [) Commissioner Appointments Councilwoman Hughan presenterl a request and explanation of the change in procedures for appointing City ffibard or Commissioners to allow new applicants to introduce themselves to Council. ri -- 4661 Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that prior to required appointments of City Boards or Commis- sioners, same be agepdized to allow new applicants to introduce themselves to Counci 1. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that new comMissioner applicants present in the audience be allowed to introduce themselves and indicate the respective commission they are seeking appointment to. Council Members Link and Taylor voted IInoll on the motion. The fOllowing persons in the audience introduced themselves and indicated the respective Commission that they are seeking appointment to: Harry True, 7310 Nantucket - Personnel Commission; Paul Kloecker, 8431 Delta Court - Planning Commission, 2nd choice - Architectural and Site Control Advisory Board, noting that he is unable to meeting during week days; The Mayor noted that the Architectural and Site Control Board meets Wednesday mornings - Mr. Kloecker withdrew his second choice; Connie Rogers , 7690 Santa Theresa Drive - seeking reappointment to the Parks and Recreation Commission; Cindy Mayron, 700 Eighth Street - Library and Culture Commission; Joe Amelio, Antonio Court - Personnel or Parks and Recreation Commission; and John Bellis, 7303 Nantucket - Personnel or Planning Commission. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Gilroy Optimist Mr. John Albaugh, Gilroy Optimist Club, addressed the Council re- Club questing waiver of the business license fee for selling Christmas trees. Discussion was had on the matter. ...",.., - Wren Ave. Tra ffi c Michael Oshan Rezoni ng 1981 Buildout Schedul e ...... I .,-- Motion was made by Councilman Link seconded by Councilman Taylor and carried that the request for waiver of the business license fee of the Gil roy Optimist Cl ub be denied. Councilwoman Albert voted IIno" on the motion. The Mayor asked if there was anyone further present in the audience wishing to speak on any matter not on the agenda. Mr. Gabe Perez addressed the Council and requested installation of reflectors on Wren Avenue in front of the El Roble Park area for reduction of speed in said vicinity, previously approved by Council. Director of Public Works-City Engineer Hansen explained why said reflectors had not been installed and noted that he will schedule installa- tion of said reflectors previously requested. Mr. Michael I. Oshan addressed the Council requesting clarification of Council Member Taylor regarding denial of his rezoning request. Council- man Taylor noted that he voted in favor of denying said request. City Administrator Wood presented seven (7) requests to extend their 1981 buildout schedules to 1982 and recommended the request of Ben Morton be tabled at this time. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the following 1981 buildout schedules be extended to December 31, 1982: Lazzco, Inc. - 31 units; Air-O-Fan - 9 units; Mussallem Development Corp. - 34 units; Arcadia Development Co. - 86 units; Citation Homes - 68 units and Ernest S. Filice - 15 units. Councilwoman Albert voted "noll on the motion. Mr. Eli Reinhart, Arcadia Development, addressed the Council in regard to previous extension granted on some of their units exoiring June 30, 1982, and requested that same be extended for one (1) year. Council noted that if Arcadia Development wished additional time for said units that same should be a separate request. Councilwoman Hughan requested that at some future time Council set a time when the extended units under current buildout schedules would have to compete under the Residential Development Ordinance as new applicants. 4662 Leavesley Rd.1 Murray Ave. Signalization S ch 00 1 Impaction Res. #81-110 Air Service Affil i ated Brokers · Tent. Map B 1 d g . B rd . 0 f Appeals City Administrator Wood recommended that the request of Ben Morton Construction, Inc. for extension of their buildout allocations for 1981 be tabled until an outstanding claim with the Ctiy has been resolved. Mr. Ben Morton addressed the Council in regard to the matter, noti ng that sai d cl aim is oresently under 1 iti gati on with the City. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that action on said buildout request be continued to December 21, 1981 regular Coucnil Meeting in order to obtain addi- tional information on said matter. o City Administrator Wood presented and explained a letter from the Department of Transportati on in regard to Leaves 1 ey Road/r1urray Avenue proposed traffic signalization. He recommended requesting use of the additional tax funds recently imposed for aoproval of said sig- nalization next fiscal year and forwarding a copy of said request to Senator Alquist. The Mayor instructed the City Administrator to for- ward said request. Ms. Lydia Hernandez addressed the Council regarding installation of the traffic signals at said location requesting that same be in- stalled as soon as possible. Council requested that Ms. Hernandez and local residents continue to pursue the matter with the State. Mr. Tony Duran addressed the Council and noted that he is awaiting a response from Senator Alquist's office to determine if the City can install said traffic signals and receive reimbursement from the State when funds are available. A letter from the Gilroy Unified School District was noted re- questing continuation of impacted status. Mr. Rodney Kelley, Superintendent, addressed the Council further explaining same. ., I j ......i Discussion was had regarding School Impaction funds earning interest from same. Superintendent Kelly noted that interest from said funds is deposited into the General Fund due to accounting procedures and that General Fund monies are used for purchase of materials and supplies required in impacted areas where impacted funds are not eligible. He further noted that an accounting of these general fund expenditures could be made available. RESOLUTION NO. 81-110 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF THE GILROY UNIFIED SCHOOL DISTRICT TO BE IMPACTED AND DETERMINING FEES TO BE PAI D. PASSED AND ADOPTED this 7th day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: LINK ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood presented a letter from Assemblyman Cortese in regard to deterioration of air service. A request from Affiliated Brokers was noted for a time extension I...J.,.' on a Tentative Subdivision Map. Motion was made by Councilwoman Hughan . .. seconded by Councilman Link and carried that a six (6) months extension be granted Affilicated Brokers in regard to their Tentative Subdivision ~1ap. The following informational items were noted with no separate discussion on same: George C. Renz resignation from Building Board of Appeals. The Mayor announced the appointment of Douglas K. Hollenback, 7320 Hanna Street, to replace George C. Renz on said Board; South Santa Clara County Housing Development Corporation Quar- terly Reports; 4663 Report on Employees. United Way Campaign; County Alarm Fee Status; Santa Clara Valley Water District in re: to operation of reclaimed water system; and St. Mary's Church in appreciation of Fire Department's contribution to their Fall Festival. 1- Plan. Com. Report The Report of the Planning Commission Meeting of November 19, 1981, 11/19/81 was noted. - ,~,,,'" - P & R Com. 11117/81 Library & Cult. Com. 11/3/81 Jt. Co./City Mortgage Rev. Bond Program ,.,.", I '- Monthiy Reports Council reviewed the RDO rating Scale Revision as recommended by the Planning Commission. Councilwoman Hughan requested adding to III.D, "and other public facilities", and adding to IV.A, "and education." Discussion was had in regard to custom homes in comoetition with subdivision developments. Motion was made by Councilwoman Hughan that the revised RDO Rating Scale be adopted as recommended with the addition of her suggestions. Motion died for lack of a second. Councilwoman Albert objected to the reduction of points in II.A and II.C. She further suggested addition of two (2) additional points to I V . A . Councilman Gage suggested that III.C be reduced to five (5) points and two additional points be added to IV.A. Motion was made by Councilwoman Hughan seconded by Councilman Gage by the following Roll Call Vote that the revised RDO Rating Scale be adopted as recommended with the addition of "and other public facili- ties" to III. D; addition of "education" to IV.A plus two (2) additional points and adding two (2) additional points to II.A. Ayes: Council Mem- bers: Gage and Hughan. Noes: Council Members: Albert, Link, Taylor, Valdez and Goodrich. (Motion failed.) The Mayor continued the discussion on the RDO Rating Scale Revisions to the December 14, 1981, scheduled Council Study Session. The Minutes of the Parks and Recreation Commission Meeting of November 17, 1981 and the Minutes of the Senior Citizens' Advisory Council Meeting of October 20, 1981, were noted. The Minutes of the Library and Culture Commission Meeting of November 3, 1981, were noted. The Mayor deviated from the regular Agenda at the City Administra- tor's request in order to accommodate interested persons in the audience. City Administrator Wood presented a report on a Joint County/City Mortgage Revenue Bond Program. Ms. Mary Davey addressed the Council further explaining said program and invited a Council appointment of a representative of the City on the County Advisory Committee for said program. City Administrator Wood recommended tabling approval of the agree- ment to the December 21, 1981, Regular Council Meeting in order to discuss same with the County.s Bond Counsel prior to entering into an agreement with them regarding said program. The Summary of Monthly Reports of October 1981 was noted. 4664 Disbursements The Report of Disbursements from November 1, 1981, through and including November 30, 1981, was noted. Motion was made by Council- man Gage seconded by Councilman Link and carried that the disburse- ments report be discontinued from the Council Agenda. Street Tree City Administrator Wood noted that the Personnel Director.s Contract Report on possible Street Tree Contract would be tabled to the Council Study Session of December 14, 1981. Garage Sales City Administrator Wood presented a report and recommendation I,';]'." on Garage Sales and revision of same. Assistant City Administrator . Reinsch further explained the matter. Reservoi rs Hi st. Heritage Committee Dept. Head Performance Proposal Hist. Preserva- ti on Grant ICC Meeting Adjournment Council continued action on same to the next regular Council Meeting in order for the City Attorney to prepare a proposed ordinance revision for Council review of same. City Administrator Wood presented a recommendation requesting technical assistance to recoat metal reservoirs. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the bid of John Carollo Engineers be acdepted as recommended for recoating reservo i rs. At 10:36 p.m., Council viewed a slide presentation of "The Community of Gilroy" in regard to a Gold Medal Award application further explained by Parks and Recreation Director Ayer. At 10:52 p.m., the Mayor reconvened the meeting. The Minutes of the Historical Heritage Committee Meeting of November 24, 1981, were noted. Councilman Gage requested Council approval of a performance plan for department heads. Council requested a written proposal of same to be presented to the City Administrator to be agendized for Council study of same. Councilwoman Hughan requested that the matter of build out exten- sions and resubmittal of same under the Residential Development Ordi- nance be discussed at the December 14, 1981 Council Study Session. 1 IIIIooolIf City Administrator Wood recommended approval of an extension of a grant application for Historical Preservation to April 15, 1982. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the extension for the Historical Preservation Grant application be granted as recommended. The Mayor reminded Council of the Inter-City Council Dinner Meeting December 10, 1981, at Moffett Field Officer's Club. At 10:59 p.m., the Mayor adjourned the meeting. Respectfully submitted, )~~~cli~ ]