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Minutes 1982/02/16 4684 Ro 11 Ca 11 Consent Calendar Minutes Ord. #82- 5 re: RDO .. February 16, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:04 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. ann Norman B. Goodrich. Motion was made by Councilman Link seconded by Councilman Val- dez that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council ~lembers: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Regular Council Meeting of February 1, 1982; Adopted Ordinance No. 82-5 amending Sections 5, 8 and 9 of the Residential Development Ordinance to modify the project rating and sets limits on building schedule extensions. ORDINANCE NO. B2-5 ORDINANCE OF THE CITY OF GILROY At1ENDING SECTIONS 5, 8 AND 9 OF ORDI- NANCE NO. 79-28, THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH COUNCIL MEMBERS: NONE COUNCI L ~1EMBERS: NONE HUGHAN, LINK, TAYLOR, VALDEZ Pub. Hear. re: EIR & Pre- zoni ng- Raisch Co. Pub. Hear. re: EIR & Tent. Map-Konle Dev. Ltd. ~, Budget Amendments Pub. Hear. re: Uvas Pk. Dr. OPL's -- -~ - ... ... 4685 Set March 1, 1982, as a Public Hearing date to consider an EIR and prezoning request of Raisch Company, applicant, to prezone to M2 (General Inoustrial) District 20.254 acres located on the east side of Chestnut Street, south of Banes Lane; Set March 1, 1982, as a Public Hearing date to consider an EIR and Tentative Map request of Konle Development, Ltd., applicant, for an Industrial Subdivision of four (4) lots on property zoned M2 (General Industrial) District, located on Rossi Lane at Mayock Road, southeast of Luchessa Avenue ,and the South Valley Freeway, anproximately 10 acres; and Approved a reques t to amend the 1981-1982 Budget. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Official Plan Lines for Uvas Park Drive. Councilwoman Hughan declared herself absent from the discussion or action on same due to an interest in said official plan lines. City Administrator Wood explained the nrooosed official plan lines. Planning Director Dorn presented and explained the Staff Report regarding same. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. W. J. Hanna, Engineer, representing the Benassi anoHowson properties and engineer when the original plan lines for Uvas Park Drive were adopted, addressed the Council and noted that he prefers the original plan lines; however, woulo compromise with setting official plan lines on Uvas Park Drive omitting plan lines on Third Street, and requiring the northerly extension to be centered on oroperty lines between the Benassi and Howson properties. The Mayor asked if there was anyone in the audience wishinq to speak for or against the proposal. Mr. Tom Carmichael, 7700 Santa Barbara Drive, addressed the Council requesting that Council approve the original plan lines and noting that he agrees with Mr. W. J. Hanna. Parks and Recreati on Di rector Ayer addressed the Council represent- ing the Parks and Recreation Commission, noting that they would support Mr. Hanna's compromise; that they oppose the original plan lines, which would eliminate the Westwood Park proposal. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had by Council on the matter. The City Attorney reported that the blue lines on the memorandum are the existing official plan lines for Uvas Park Drive; that if Council wished to change same, new official plan lines would have to be adopted. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the Public Hearing be re-opened to accommodate interested persons in the audience. Mr. Tom Carmi chael addressed the Council requesti ng that the Ci ty obtain an official statement from the County of Santa Clara that they will purchase the land if the official plan lines are changed. He noted that he does not agree with Third Street being a through street connecting to Santa Teresa Boulevard. Mrs. Jaon Harrison, addressed the Council noting that the General Plan Committee recommendedUvas Park Drive to be a two (2) lane street and that Council agreed not to allow Uvas Park Drive connecting to Santa Teresa Boulevard; and that if Council agreed with remaining with the original plan lines that legal notice would be required to property owners on Uvas Park Drive. 4686 Intro. ord. re: Uvas Pk. Dr. OPL's Pub. Hear. re: EI R & P re- zoning- Golden Hills Chamber of Commerce Hecker Pass Reorganiza- tion 82-1 Plan. Com. 2/4/82 Mr. Jim Hitchner, Third Street resident, addressed the Council and noted that he agreed with Mr. Carmichael and objected to Third Street connecting to Uvas Park Drive. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. Motion was made by Councilman Taylor 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 Councilwoman Albert and carried by the followinq Roll Call vote that an ordinance be introduced and published by title and summary that woulo adopt compromised Official Plan Lines that were agreed upon by Council at Council's last discussion where Third Street would curve and connect to Santa Teresa Boulevard, Uvas Park Drive connecting to Third Street and protecting the intersection of Santa Teresa Boulevard and Third Street with a IINo Left Turnll restriction on Santa Teresa Boulevard to include centering the Plan Lines on the property lines: Ayes: Council Members: Albert, Taylor, Valdez and Goodrich. Noes: Council Members: Gage and Link. Absent: Council Member: Hughan. ,--- ! -" A request of Sig Sanchez for Council to set a public hearing date to consider a Draft EIR for Urban Service Area review and prezon- ing (Golden Hills) was noted. Motion was made by Councilman Link seconded by Councilman Valdez and carried that March 1, 1982, be set for a Public Hearing as requested. City Administrator Wood presented a request of the Gilroy Chamber of Commerce for support of IIIndustrial Dayll recommending a $500.00 contribution. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the $500.00 contribution be approved ano authorized as recommended in support of IIIndustrial Day.1I ..... The following informational items were noted with no srearate discussion on same: ........ Reorganization application filed with LAFCO January 22, 1982, for Uninhabited Territory to be known as IIHecker Pass Reorganization 82-111, located on the north side of Hecker Pass Highway between Burchell Road and Morey Avenue, containing 439.114 acres, Gilroy Country Club Estates Development Co. (Golden Hills) and Gilroy Elks, applicants; Pacific Gas and Electric Company's application for rate in- creases; League of California Cities Legislative Bulletin, dated February 5, 19 82 ; Public Utilities Commission re: Continental Telephone Company's application for a rate increase; and Report on Historic Building Study. The Report of the Planning Commission Meeting of February 4, 1982, was noted. Planning Director Dorn explained the Vtaff reoort and recommenda- .~ tion of the Planning Commission re: A/S 81-29 requesting to allow con- I s tructi on of 32 condomi ni ums at the northwest corner of Morey Avenue ....... , and Hecker Pass not requiring sioewalks along Hecker Pass Highway fron~' tage. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Planning Commission's recommendation re: A/S 81-39 be approved not requiring sidewalks alonq Hecker Pass Highway frontage. Motion was made by Councilman Link seconded by Councilwoman Albert and carried that a Policy Study of Industrial and Commercial Condominiums be added to the Planninn Department priorities as recom- mended. 4687 Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of 1/5/82 January 5, 1982, were noted. Personnel Com. 2/8/82 Sick Leave Verification ""... " i i .... Un if. B 1 dg. & Fi re Codes, etc. Res. #82-15 .""":;"'~ - Res. #82-16 Res. '#82~ 17 "-i I ...' Res. re: Las Animas Tech. Pk. Assmt. Di st. The Report of the Personnel Commission Meeting of February 8, 1982, was noted. Personnel Director Booth explained the recommendation in regard to physician's verification regardinq sick leave. Discussion was had on the matter. Motion was made by Councilman Gage seconded by Councilman Link and carried that the Employee Associations be notified that it is Council.s recommendation that the Personnel Rules and Regulations be amended regarding sick leave and that a physician's verification may be required, noting that the number of sick leave days be omitted in reference to a physician's verification. City Administrator Wood presented a recommendation to amend the Uniform Building and Fire Codes re: automatic sprinkler systems and Fire Code re: hazardous fire areas, further explained by the Fire Chief and Fire Marshal. Discussion was had on the matter by Council. Motion was made by Councilman Gage seconded by Councilman Link that the reading of Resolution No. 82-15 be waived and that it be adopted of Findings regarding Changes and Modifications to include adding "build- ings" to item "f" (Rl and R3 buildings). RESOLUTION NO. 82-15 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ~1AKING FINDINGS REGARDING CHANGES AND MODIFICATIONS OF UNIFORM FIRE CODE AND UNIFORM BUILDING CODE. PASSED AND ADOPTED this 16th day of February, 1982, 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 Gage seconded by Councilman Link that the reading of Resolution No. 82-16 be waived and that it be adopted re: Uniform Building Code. RESOLUTION NO. 82-16 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY READOPTING UNIFORM BUILDING CODE 1979 EDITION, WITH FURTHER MODIFICATIONS REQUIRING FIRE SPRINKLER SYSTEMS. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOO DRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Gage seconded by Councilman Link that the reading of Resolution No. 82-17 be waived and that it be adopt~d re: Uniform Fire Code. RESOLUTION NO. 82-17 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY READOPTING UNIFORM FIRE CODE, 1979 EDITION, WITH FURTHER MODIFICATIONS REQUIRING FIRE SPRINKLER SYSTEMS. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Resolutions were presented regarding the formation of Las Animas Technology Park Assessment District. 4688 Res. #82-18 Res. #82-19 Res. #82-20 Res. #82-21 Mr. Ralph J. Nofield, engineer for the project, addressed the Council and presented his report consiting of plans, soecifications, maps and descriptions, estimate of costs, diagram and assessment. After full discussion and consideration by the City Council, the re- port was ordered filed. Resolution No. 82-18, Amending Resolution of Intention No. 82-13 entitled "AResolution of Intention to Acquire and Construct Improve- ments" was read. On motion of Councilman Link seconded by Councilman Gage and unanimously carried, said Resolution was adopted. RESOLUTION NO. 82-18 n A RESOLUTION AMENDING RESOLUTION NO. 81-13 ENTITLED, "A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS" - LAS ANH1AS TECHNOLOGy..... PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ ' and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Resolution No. 82-19, A Resolution of Preliminary Approval of Engineer's Report was read. On motion of Councilman Link seconded by Councilman Gage and unanimously carried, said Resolution was adopted. RESOLUTION NO. 82-19 A RESOLUTION OF PRELIMINARY APPROVAL OF ENGINEER1S REPORT - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Resolution No. 82-20, A Resolution Appointing Time and Place Of ~ Hearing Protests in Relation to Proposed Acquisitions and Improvements and Directing Notice was read (4-5-82 hearing date). On motion of ...... Councilman Link seconded by Councilman Gage and unanimously carried, said Resolution was adopted. RESOLUTION NO. 82-20 A RESOLUTION APPOINTING TIME AND PLACE OF HEARING PROTESTS IN RELATION TO PROPOSED ACQUISITIONS AND IMPROVEMENTS AND DIRECTING NOTICE - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRICH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ Resolution No. 82-21, A Resolution Calling for Sealed Proposals and Fixing Liquidated Damages for Failure to Complete the Work Within Time Specified (3-30-82 Bid Opening) was read. On motion of Councilman Link seconded by Councilman Gage and unanimously carried, said Resolu- tion was adopted. RESOLUTION NO. 82-21 A RESOLUTION CALLING FOR SEALED PROPOSALS AND FIXING LIQUIDATED DAMAGES :~ FOR FAILURE TO COMPLETE THE WORK HITHIN TIME SPECIFIED - LAS ANIMAS..J TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ ami GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE 4689 Res. #82-22 Resolution No. 82-22, A Resolution Describing Proposed Boundaries of Assessment District, Directing Filing of Boundary Map and Assessment Diagram and the Recordation of Notice of Assessment was read. On motion of Councilman Link seconded by Councilman Gage anrl unanimously carried, said Resolution was adopted. "",. I -- RESOLUTION NO. 82-22 A RESOLUTION DESCRIBING PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT, DIRECTING FILING OF BOUNDARY MAP AND ASSESSMENT DIAGRAM AND THE RECORDATION OF NOTICE OF ASSESSMENT - LAS ANIMAS TECHNOLOGY PARK ASSESSMENT DISTRICT. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Res. #82-23 re: City Administrator Wood presented a reocmmendation to authorize a Fed. Disaster City Official to sign for Federal Disaster Assistance and Assurance Assistance Agreements. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-23 be waived and that it be adopted authorizing a City Official to sign for Federal Disaster Assistance and Assurance agreements as recommended. RESOLUTION NO. 82-23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING A CITY OFFICIAL TO EXECUTE DOCUMENTS PERTAINING TO FEDERAL DISASTER ASSISTANCE AND ASSURANCE AGREEMENTS. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE __ Hist. Heritage City Administrator Wood presented a report in regard to Historical Committee Heritage Committee appointments. Motion was made by Councilman Gage seconded by Councilman Valdez and carried that the Historical Heritage Committee be a standing Council Advisory Committee. The Mayor reappointed all members, for terms expiring March 17, 1982. Mort. Rev. Bond City Administrator Wood presented a report on Mortgage Revenue Bond Program Program/Developer's Agreements, recommending approval of the agreements. Res. #82-24 Discussion was had by Council recommending that the agreements include the stipulation that the first resale purchaser shall reside at the mortgage residence. Motion was made by Councilwoman Albert seconded by Councilman Gage that the reading of Resolution No. 82-24 be waived and that it be adopted with the stipulation that the agreements include a stipulation that the first resale purchaser shall reside at the mortgage residence as recommended. JII!IIII\ RESOLUTION NO. 82-24 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF DEVELOPER AGREEMENTS FOR IMPLEMENTATION OF THE SANTA CLARA COUNTY MORTGAGE REVENUE BOND PROGRAM. PASSED AND ADOPTED this 16th day of February, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .... MOU's re:2% @ 50 Yrs. PERS Plan City Administrator Wood presented a report on Police and Fire Memo- randums of Understanding regarding 2% at 50 years - P.E.R.S. Plan, further explained by Personnel Director Booth. 4690 State Budget "GO" Program Delinq. Parking Citations Concession Stands-Parks Asphalt Roll e r Paratransit . City Administrator Wood recommended that he be authorized to meet with the GPOA and advise Council on the matter. Personnel Director Booth noted the time schedule required if any changes are to be made in the PERS plan by July 1, 1982. Police Sergeant Vierra addressed the Council noting that the GPOA does not desire to open any other portions of the contract. Fire Fighter Covinqton addressed the Council requesting that they be allowed to meet with the GPOA representatives and City Administrator since they have a financial interest in the matter. D City Administrator Wood noted that he would meet with the GPOA representatives and would report to the Fire Association on the results of said meeting. Council noted that this meeting would be adjourned to February 22, 1982, to hear the report of the City Administrator in regard to his negotiations with the GPOA representatives with possible Council action on same to meet the PERS requirements to make any changes in the plan by July 1, 1982. City Administrator Wood presented a Report on the Cities Impact Under Governor's proposed budget. He noted that additional informatipn would be forthcoming in regard to action on the matter. City Administrator Wood presented a report on Gil roy "GO" Pro- gram recommending that the City contribute $1,000.00 toward said program subject to the school district contributing said amount. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the budget be amended to allow for a $1,000 City contribution to the "GO" Program subject to action on same by the School District. City Administrator Wood presented a report on additional agree- ment for processing delinquent parking citations. .~ j ..J Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the additional aqreement for processing delinquent parking citations be approved as recommended, authorizing execution of same. City Administrator Wood presented a Report on Concession Stands at Christmas Hill and Las Animas Parks with an additional memo noting recommendation to allow Pop Warner Football to operate the Concession Stand at Christmas Park and Golden Valley Little League at Las Animas Park. Motion was made by Councilman Gage seconded by Councilman Vald~z and carried that the operation of the Concession Stands at Christmas HIll and Las Animas Parks be approved as recommended. City Administrator Wood presented a report requesting authoriza- tion to purchase an asphalt roller to replace an existing defective ro 11 e r . Motion was made by Councilman Link seconded by Councilman Taylor ~ and carried that an asphalt roller be purchased as recommended. i ! , 1 ...... City Administrator Wood presented a report on the Paratransit Administration recommending administrative responsibilities of same be with Outreach and Escort, Inc. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the agreement with Outreach and Escort, Inc. be approved and authorization be given for execution of same as recommended. Filbro Sub. Moratori urn Golf Course Sprinkler System Hi st. Heritage Committee San Martin. Plan. Adv. Committee Adjournment .. 4691 : Director of Public Works-City Engineer Hansen presented a recommenda- tion to establish a construction moratorium on certain lots within the Filbro Subdivision, Tract 6251, further explaining same. Motion was made by Councilman Link seconded by Councilman Gage and carried that a moratorium be declared as recommended until such time as an access can be provided regarding the Filbro Subdivision, Tract #6251. Councilman Gage reported on a Golf Course Advisory Committee Meeting with the Board of Directors noting that they are unable to meet the auto- matic sprinkler system loan payments in excess of $13,000.00. Mr. Alfred J. Navaroli, vice president of the Gilroy Golf and Country Club, addressed the Council in regard to same, noting that Mr. Frank Murphy, Operator, was present in the audience to answer questions on the matter if neederl. Councilman Gage informed Council that the maximum payments that the Club could commit themselves to would be $13,000.00 per year with any additional funds received after expenses. He further noted that without installation of the automatic sprinkler system, the Golf Course co~ld not use the reclaimed water as originally proposed, due to pressure problems, etc. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the City advance the required additional (over $13,000 per year) loan payments with the understanding that the Gilroy Golf and Country Club would repay the City for said advancements at $13,000.00 per year plus any excess funds available to the Club until the City is repaid in full. Councilwoman Hughan reported that the Historical Heritage Committee is proposing ways to inform the residents of historic neighborhoods of the advantages, etc. of designated historical buildings. Councilman Taylor reported on the progress of the San ~1arti n Pl anning Advisory Committee, noting that their last meeting is proposed for March 11, 1982, with recommendations proposed to be presented to the Board of Super- vi sors. At 10:30 p.m., motion was made by Councilman Link seconded by Councilman Valdez and carried that the meeting adjourn to February 22, 1982, at 8:00 p.m. Respectfully submitted, /At4A1~ f;k~Y-