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Minutes 1981/12/21 Ro II Ca 11 4665 December 21, 1981 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 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. i/IIIfIIIIIIII I Cert. of Service- The Mayor presented a Certificate of Service to george C. Renz, Geo. C. Renz retired member of the Building Code Appeals Board. Mr. Renz thanked the Council for the award and wished everyone a Merry Christmas and a Happy New Year. ...... Res. #81-11 Capt. E. E. Boswell, CHP Consent Calendar - Minutes Salary Increases Pub.Hear.- Ringel-Arita Corp. Pre- zoning Req. Pub. Hear. re: Jasker, Inc. Tent. Map Request re: The Mayor noted the reti rement of Captain E. E. Boswell from the California Highway Patrol. Motion was made by Councilwoman Hughan seconded by Councilman Link that the readinq of Resolution No. 81-111 honoring Captain Boswell upon his retirement from the California Highway Patrol be waived and that it be adopted. RESOLUTION NO. 81-111 A RESOLUTION OF THE COUNCI L OF THE CITY OF GILROY HONORING CAPTAIN E. E. BOSWELL UPON HIS RETIREMENT FROM THE CALIFORNIA HIGHWAY PATROL. PASSED AND ADOPTED this 21st 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 Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be aprpoved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Regular Council Meeting of December 7, 1981 ; Approved Salary Achievement Increases for the following four (4) City Employees, effective January 1, 1982: Jim Rozak and Frank Bozzo, Police Officers, from Range P32.5 Step B, $1,878/mo. to Step C, $1,972/mo.; Elia Salinas, Police Cadet, from Range P21-C, $6.60/hr. to Step D, $6.92/hr.; and Bill Lowery, Jr. Civil Engineer, from Range 35.5a Step C, $2,149/mo. to Step D, $2,254/mo. The following employee was granted a Salary Achievement Increase retroactive to December 1, 1981: Norman Chapin, Police Officer, from Range P32 Step B, $1,831/mo. to Step C, $1,921/mo.; Set January 4, 1982, as a Public Hearing date on a prezoning request of Ringel-Arita Corp., applicant, on 15.9 acres located on the west side of Kern Avenue, north of Welburn Avenue, to Rl PUD (Single-Family Residence) Planned Unit Development District; Set January 4, 1982, as a Public Hearing date on a Tentative Map request of Jasker, Inc., applicant, for industrial subdivision of nine (9) lots, zoned M2 (General Industrial) District, located on the west side of Murray Avenue, 450 feet south of Las Animas Avenue, on approximately 10 acres; "...... Def. Deve. Agree.- Approved a Deferred Development Agreement with Virginia R. and Elmer Burgman , H. Burgman; ....... Budget Amendment Res. #112 re: 10" Sanitary Sewer Chg. Approved amendments to the 1982-82 Revenue and Expenditure Budgets; and Adopted Resolution No. 81-112 amending Resolution No. 81-69 re: front foot fees for 10" sanitary sewer main. RESOLUTION NO. 81-112 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AMENDING RESOLUTION NO. 81-69 SO AS TO CORRECT THE FRONT FOOTAGE IMPROVEMENT CHARGES FOR THE INSTALLATION OF 1011 SANITARY SEWER. 4666 Street Tree Ma i nt. '1~' PASSED AND ADOPTED this 21st day of December, 1981, by the followina vote: . AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE City Administrator Wood noted continuance of the matter of bids received for the pruning of street trees and other street care work from the December 7, 1981, Council Meeting and requested Council to take action on the matter tonight by awarding the contract and retain the Arborist, award the contract and eliminate the arborist, or keep 1 the city crew and maintain our current level of service. ., ......, Discussion was had on the matter. Motion was made by Council- woman Hughan seconded by Councilwoman Albert that the bids for pruning of street trees and other street care work be rejected and that the City not go to bid for same at this time, based on these contract bids. The motion passed by the following Roll Call Vote: Ayes: Council Members: Albert, Hughan, Valdez, and Goodrich. Noes: Council Members: Gage, Link and Taylor. Motion was made by Councilman Taylor seconded by Councilman Link to phase out the tree maintenance program as far as City Employees and equipment are concerned at the end of the current fiscal year (June 30, 1982) and prior to that time, notify the contractors the City will be going to bid for regular tree pruning, emergency callout per hour, clearance and hazardous tree pruning per hour, and that during budget sessions, a monetary figure be inserted to take care of root pruning and that spraying be done by City crews. The motion failed by the following Roll Call Vote: Ayes: Council Members: Gage, Link, and Tay- lor. Noes: Council Members: Albert, Hughan, Valdez and Goodrich. Res. #81-113 re: Motion was made by Councilman Taylor seconded by Councilman Link Gilman Rd. Re- that the reading of Resolution No. 81-113 approving annexation and re- organization moving territory known as IIGilman Road Reorganization 81-811 from the ." 81-8 South Santa Clara County Fire District be waived and that it be adoDted. Buildout & Tent. Map Extensions So. Valley Couns. Ctr. RESOLUTION NO. 81-113 ........ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY PURSUANT TO DIRECTION BY SANTA CLARA COUNTY LOCAL AGENCY FORMATION COM~lISSION WITH REGARD TO A REORGANIZATION PURSUANT TO THE DISTRICT REORGANIZATION ACT OF 1965 DESIGNATED AS IIGIU~AN ROAD REORGANIZATION NO. 81-8 OF THE CITY OF GILROY. II PASSED AND ADOPTED this 21st day of December, 1981, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ City Administrator Wood noted requests for extensions from various developers. Motion was made by Councilman Link seconded by Councilman Valdez that the following requests for extensions be granted for one (1) year, expiring December 31, 1982: 1) Ed Kirk Construction Company for Tentative Subdivision Map for Park Meadows, Tract No. 7078. 2) Barnett-Range Corporation for buildout schedule on Tract No. 6663 (Lands of Woodworth). 1 ...." 3) Richard J. Scagliotti for buildout schedule for eight (8) units on the west side of Church Street between Eighth and Ninth Streets. City Administrator Wood noted that no action was needed on a request of John M. Filice for an extension of his 1981 buildout schedule. City Administrator Wood noted the request of Judge W. F. Brown, Jr., urging a use permit be granted to South Valley Counseling Center. It was further noted that the matter is presently before the Planning Commission. 4667 Garbage Rate City Administrator Wood noted a request from South Valley Refuse Increase Disposal Co. for a 12% rate increase in garbage service beginning March 1, 1982 . Motion was made by Councilman Link seconded by Councilman Gage and carried that a 12%(+) rate increase, rounded to the nearest 5~, be approved as requested by South Valley Refuse Disposal, Inc. Temp. Thrift Shop-8877 Monterey St. City Administrator Wood noted a letter from Mr. Everett Smith, Cushman & Wakefield of California, Inc., requesting Council consideration of a proposal to locate a horse racing facility in the South County area. Council deferred the matter until additional information is available and instructed the City Administrator to obtain same. City Administrator Wood presented a request of Loring Howard and Manuel M. Martinez for a temporary use permit for a thrift shop at 8877 Monterey Street. Planning Director Dorn further explained the matter, noting that the usage for such a permit conforms to the General Plan but the zoning does not conform at this time. Horse Racing Faci 1 ity -- .... Mr. Loring Howard, partner, addressed the Council and further explained his request. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Gage and carried that a one (1) year temporary use permit be granted for a thrift shop at 8877 Monterey Street, expiring December 31, 1982, subject to the building being brought up to Code. R. Berhorst re: City Administrator Wood noted a request of Mr. Ron Berhorst for a Limited Taxi 1I1imitedll taxi or escort service. Servi ce tflliI""'l Mr. Ron Berhorst addressed the Council and explained his request noting that said service would be specifically for transporting inebriates and their vehicles home safely and that said requests would be made by restaurants, bartenders, or the individuals themselves. -- Discussion was had on the matter. Motion was made by Councilwoman Hughanseconded by Councilman Link and carried that the request of Mr. Ron Berhorst for a limited escort service be postponed to the next meeting and referred same to the Chief of Police for his recommendation. 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. The Mayor noted the following informational items with no separate discussion on same: Assemblyman Ernest L. Konnyu in re: to the Capitol Restoration Celebration, Janaury 4-10, 1982; Gavilan Water Conservation District in re: to Water Reclamation Agreement; Notice of E.I.R. pre~r~ion on South County Airport Lights; and ...... Graphic display of Current Highways and Roads Financing. ... Jt. Powers Agree. City Administrator Wood noted a revised Joint Powers Agreement for Intergvtl. Intergovernmental Employee Relations Services. Emp.Relations Service Personnel Director Booth further explained same. Mortgage Rev. Bond Program Motion was made by Councilman Gage seconded by Councilman Taylor and carried that the matter be continued to the January 4, 1982, Council Meeting in order for Council to further review same. City Administrator Wood presented a Report on the County Mortgage Revenue Bond Program and requested approval of an agreement for same. 4668 Morey Ave. Drainage Project Handicapped Pkg. Kits Add' 1 Personnel @ STP Pkg. in Curb Returns Ind. Sewer System Aerators Moti on was made by Councilwoman Hughan seconded by Counci 1- man Link and carried that the agreement with the County of Santa Clara for Cooperative Mortgage Revenue Bond Program be approved with the addition, under Section 9, that a $2,500 maximum cap on Dotential excess costs, be added. ' Ineity Administrator Wood presented a report on a land Darcel acquisition for the Morey Avenue Interim Drainaqe Facility and noted a proposed agreement with the Santa Clara Valley Water District covering said acquisition. City Administrator Woorl further noted that to date, the State has not authorized, nor funded, this acquisition; however, it is pro- posed that the City advance the costs which will be reimbursed by the several owners included in the interim drainage project. He further noted that at such time as the State may fund this acquisition, the District will reimburse the City, and the City, the respective property owners. ~ I - Mr. Wood recommenrled the agreement be amended to allow the City to review the District's acquisition appraisal with the affected property owners as a precedent to proceeding with the acquisition. Discussion was had on the matter. ~10tion was made by Councilman Link seconded by Councilman Val- dez and carried that the agreement with the Santa Clara Valley Water District concerning the purchase of a parcel of land on Lion's Creek be approved with the stipulation that the landowners purchasing the right-of-way will be reimbursed or the excess land be returned to the owners if the 110' right-of-way is more than required; and ~urther, that the City have the right to review the District's acquisition appraisal with the affected property owners prior to acquisition. Director of Public Works Hansen recommended adopting a policy of selling to those who wish handicanped parking stalls, kits which would include posts, paint, and a cardboard stencil, noting that said kits would cost approximately $30.00. He further noted that these would be for private property owners only. t10ti on was made by Council man Gage seconded by Councilman Li nk and carried that the City adopt a policy of selling to private property owners kits to install handicapped parking stalls at an apnroximate . cost of $30.00 per kit. lliIIlI\ - Director of Public Works Hansen reported on additional staff needs at the Sewer Treatment Plant to cover additional reclamation nroject costs created by the Gavilan Water District backinq out of the program's operations. Council referred the request to the Joint Sewer Committee for recommendation. Director of Public Works Hansen presented a recommendation to amend the City Code Section 1560, subsection I, to prohibit parking in curb return areas. Discussion was had on the matter. Motion was made by Council- man Link seconded by Councilman Valdez and carried that the change in the Code as recommended be approved and that the City Attorney prepare the correct wording to amend same. ___ I Director of Public Works Hansen presented a recommendation to --- amend the Industrial Sewer Treatment Plant budget to accommodate the installation of additional aerators in the silt ponds, noting that the technical committee of the Agricultural Wastewater Processing System has requested the addition of two aerators to circumvent odor genera- tion for the next processing season. Discussion was had on the matter. Motion was made by Council- man Link seconded by Councilwoman Hughan and carried that the budget be amended in the amount of $10,000 for installation of two (2) additional aerators at the Industrial Sewer Treatment Plant for orlor control as requested by the industrial users. 4669 6th & Eigleberry Director of Public Works Hansen explained a proposal to enter into Sts. Repairs a contract with J. Franzitch to provide labor for replacement of concrete with the City providing materials for repairs to the Sixth and Eiqleberry Streets intersection and noted the estimated cost of the project was $7,500.00. ".,...., -- Commissioner Appointments ~"~"'" B. Mo rton re: Buildout Allocation RDO Rating Scale Revi- sion -- - Discussion was had. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that the contract with Jim Franzitch for repairs to the Sixth and Eigleberry Streets intersection be approved as recommended with the stipulation that the City's cost for time anrl materials not exceed $8,000 and that the findinqs of the Council show this to be the most economical way to achieve these repairs. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried reappointing Pat Blumberg and Ed Seledon to the Library and Culture Commission for four-year terms, expiring January 1, 1986, and that Joan Buchanan be appointed to fill the unexpired term of Hal Whitlock expiring January 1, 1984. Motion was made by Councilman Link seconded by Councilman Valdez that Michael D. Filice and Connie Rogers be re-appointed to four-year terms on the Parks and Recreati on Commi ssi on, expi ri ng January 1, 1986. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Ron Mingus be re-appointed to a four-year term on the Personnel Commission and that Harry J. True be appointed to a four-year term, said terms expiring January 1, 1986; further, that Richard McGhee be appointed to fill the unexpired term of newly-elected Council Member Donald Gage, expiring January 1, 1985. Motion was made by Councilman Link seconded by Councilman Taylor and carried that Edith Edde and Charles Quartiroli be re-appointed to four-year terms on the Planning Commission, expiring January 1, 1986. The Mayor appointed Wm. Robinson and Eugene Ward to one-year terms on the Architectural and Site Control Advisory Committee, expiring December 31, 1982. The Mayor noted that the request of Ben Morton Construction, Inc. for an extension of the 1981 buildout allocations will be discussed at an Executive Session following the meeting, at the request of the City Attorney. The Meeting was interrupted by the appearance of Santa Claus, and the Mayor declared a short recess for Santa. to wish everyone a Merry Christmas. The Mayor then reconvened the meeting. The Residential Development Ordinance Rating Scale revisions, con- tinued from the December 7, 1981, meeting were discussed. Motion was made by Councilman Gage seconded by Councilwoman Hughan that Staff be authorized to recommend specific number of points and set up a criteria for distances a development may be from each of the factors under Section I. The motion failed by the following Roll Call Vote: Ayes: Council Members: Albert, Gage and Hughan. Noes: Council Members: Link, Taylor, Valdez and Goodrich. Motion was made by Councilwoman Albert seconded by Councilwoman Hughan to add two (2) points to Sections II.B and II.C. Motion passed by the following Roll Call Vote: Ayes: Albert, Gage, Hughan, Taylor and Valdez. Noes: Council Members: Link and Goodrich. Motion was made by Councilman Link seconded by Councilman Taylor to remove Item C from Section III. The motion failed by the following Roll Call Vote: Ayes: Council Members: Link, Taylor and Goodrich. Noes: Council Members: Albert, Gage, Hughan and Valdez. rioti on was made by Counci lwoman Hughan seconded by Council man Gage approving the ROO Rating Scale as revised, both previously and tonight. Motion passed by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Hughan, Valdez and Goodrich. Noes: Council Members: Link and Tayl or. 4670 Garage Sales Hi s t. Heritage Committee Buil dout Schedule Extensions Wi II i amson Act Contract Cance II at ions Triton Museum Paintings The City Attorney requested the matter of a proposed ordinance re: Garage Sales be continued to the next meeting. The Minutes of the Historical Heritage Advisory Committee Meeting of December 8, 1981, were noted. Council woman Albert wi shed everyone a r.1erry Chri stmas and Happy New Year and stated the Holiday Season would be an appropriate time to have the escort service, discussed earlier in the evening, in operation. Councilwoman Albert asked if the City Attorney has looked into the matter of having a lesser business license fee for local non-profit organizations. The City Attorney noted that, previously, we limited issuing licenses for fireworks sales to non-profit or0ani- zations but did not waive fees for same, and that we could not limit these to local organizations only. ...., ! ..... Council man Gage noted the ~lanagement Performance Eva 1 uati on samples previously distributed to Council and asked them to review same and that the matter be agendized at some future date. Discussion was had on buildout schedule extensions. Council- man Link suggested granting automatic one-year extensions to the three-year schedul es and to grant no more extensions as long as buil d- ing permits were available. Council instructed Planning Director Dorn to prepare new wording for buildout schedule extensions for Council review at the same time the Residential Development Ordinance revisions are submitted for approval. Planning Director Dorn presented a recommendation establishing a new fee for cancellation of Williamson Act contracts of $500.00 plus $1.00 per parcel which will require a legal notice to be sent for the cancellation hearing. .... Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the fee for cancellation of Williamson Act ~ contracts be approved as recommended by the Planning Director. City Administrator Wood noted the donation of seven paintings from Mr. W. Robert Morgan, founder of the Triton Museum, to the City of Gilroy. Motion was made by Councilwoman Hughan seconded by Council- man Valdez and carried that the gift of seven paintings from Mr. Mor- gan be accepted and that he be thanked for his gracious gift. The Mayor noted the schedule for Council representatives to Planning Commission meetings. Pub. Hear. re: City Administrator Wood requested Council set a Public Hearing Neg. Decl. for date of January 4, 1981, to review and consider approval of a Negative Sewer Perce Declaration for the Sewage Percolation Project (Walden Property). Pond Proj. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a Public Hearing be set for January 4, 1981, to review and consider approval of a Negative Declaration for the Sewage Percola- tion Project. At 9:57 p.m., the Mayor adjourned the meeting to an Executive Session to consider the request of Ben Morton Construction, Inc. for an extension of the 1981 buildout allocations. Exec. Session re: B. Morton Reconvene., Meeting Adjournemtn IIIIIIll , ! - At 10:26 p.m., the Mayor reconvened the meeting. ~iotion was made by Counci lwoman Hughan seconded by Counci lman Gage and carried that the request of Ben Morton Construction Co. for extension of 1981 buildout allocations be continuerl until after current litigation is resolved. At 10:28 p.m., the meeting was adjourned. Respectfully submitted, ~~(l. (ltJdiJ'..J Deputy City Clerk