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Minutes 1982/07/06 4766 Ro 11 Call Consent Calendar Minutes " July 6, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor r1ayor 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. Motion was made by Councilman Link seconded by Councilman Val- dez that the following items under the Consent Calendar be approved by by the following Roll Call Vote: Ayes: Council Members: .1\1 bert, Gage, Hughan, Link, Taylor, Valdez and Goodrich. Approved the Minutes of the Regular Council Meeting of June 21, 19 82 ; Ord. #80-17 re: Adopted Ordinance No. 80-17 amending Section 68 of the Zoning Sec. 68-Zon. Ordinance to clarify the intent of sign regulations. Ord. Dev. Agree.- Jasker Ind. Pk., Tract #7308 ORDINANCE NO. 80-17 AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTIONS 68.4, 68.10, 68.12 AND 68.14 OF THE ZONING ORDINANCE RELATING TO FREE-STANDING, PORTABLE, AWNING AND PROHIBITED SIGNS. PASSED AND ADOPTED this 6th day of July, 1982, by the following vote: AYES: COUNCIL ~1EMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Approved a Development Agreement of Jasker Industrial Park, Tract 7308; Minutes Pub.Hear. re: EIR & Tent. Map-J. Joff "...! I I .... Hearing re: M.Lechuga- Old Quad Moratori um Exempt. Vending-Garlic Festival -- 4767 Approved the Minutes of the Adjourned Regular Council Meeting of June 28, 1982; Set July 19, 1982, as a Public Hearing date to consider certification of an EIR and a Tentative Map for an Industrial Subdivision of Ten (10) Lots on approximately 56 acres on property located on the east and west sides of Obata Way, and zoned M2 (General Industrial) District, Jerry Hoff, applicant. The Mayor stated that it was the time and place scheduled for a hearing to consider the request of Mariano Lechuga for exemption from pro- visions of the Old Quad Moratorium. The Staff Report was noted and further explained by Associate Planner Myer. The Mayor asked if there was anyone present 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 Gaqe and carried that the exemption requested be granted Mr. Lechuga from provisions of the Old Quad Moratorium provided that the addition is to the existing house and not the garage and subject to submittal of plans for same. 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. A request of Mr. Elliott Carly was noted for exclusive rights to sell punch at Eighth Street and Miller Avenue during the Garlic Festival. Disucssion was had on the matter and further explained by City Adminis- trator Wood noting that he received a similar request from two other students earlier today. Council took no action on the requests. Horse Staging A request from Mr. Don Pickells for time to address the Council in Area regard to a horse staging area in the vicinity of Redwood Retreat Road was noted. ..., Highway Task Force Agree. ..... ... City Administrator Wood noted that Mr. Pickells could not be present at this meeting. An agreement between the County and Cities and a proposed ballot proposition of the County Highway Task Force was noted. Mr. Ernest Boswell, Task Force Representative, addressed the Council and further explained the proposal. Discussion was had by Council on the matter. ~1otion was made by Councilman Link seconded by Councilman Taylor and failed by the following Roll Call Vote to oppose the agreement and not place the proposed ballot proposition on the ballot. Ayes: Council Members: Link, Taylor and Valdez. Noes: Council Members: Albert, Gage, Hughan and Goodrich. Motion was made by Councilman Gage and died for lack of a second to allow the proposed proposition to be placed on the ballot. Councilman Gage further withdrew the motion. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and failed by the following Roll Call vote to place the issue on the ballot, approve the agreement and oroposed ballot proposition: Ayes: Council Members: Albert, Hughan and Goodrich. Noes: Council Members: Gage, Link, Taylor and Valdez. Plan. Com. The Report of the Planning Commission Meeting of July 1, 1982, was Report 7/1/82 noted. Build-Out Extensions Requests for build-out extensions were noted. City Administrator Wood recommended that same be referred to the last meeting in November 1982. 4768 Motion was made by Councilman Taylor seconded by Councilman Link and carried that the build-out requests submitted be deferred to the last regular Council Meeting in November 1982 (11-15-82). Medical/Dental Rates Back Flow Pre- venter Valves A reoort on new medical/dental rates and costs was noted. City Administrator Wood presented a request for a bud0et amend- ment to allow for back flow preventer valve installations. Discussion was had by Council on the matter. Motion was made by Councilman Gage seconded by Councilman Taylor and carried that the 1982 Burlget be amended in the amount of $15,000 ~ to allow for a portion of the cost for back flow preventer valve instal-' I lations, same to be charged to the appropriate departments to accomplish ...... the required work, balance of project to be provided for in the 1983-83 Budget. Res. #82-94 re: Ronan-Liman Assmt. Dist. City Administrator Wood presented a resolution amending Resolu- tion No. 82-91 ordering reduction of assessments re: Ronan Avenue-Liman Avenue Assessment District. Motion was made by Councilman Link seconded by Councilman Taylor that the reading of Resolution No. 82-94 be waived and that it be adopted. RESOLUTION NO. 82-94 A RESOLUTION AMENDING RESOLUTION NO. 82-91 ENTITLED, "A RESOLUTION ORDERING REDUCTION OF CERTAIN ASSESSMENTS"- RONAN AVENUE-LH1AN AVENUE ASSESSMENT DISTRICT. PASSED AND ADOPTED this 6th day of July, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE "\'\ Director of Public Works-City Engineer Hansen presented a recom- mendation for annual adjustments of development fees and increase th~ City's liability limits requirement to $1,,000,000.00. ..... De ve 1 opmen t Fees -..; Motion was made by Councilman Gage seconded by Council- woman Hughan that the reading of Resolution Nci~ 82-95 apnroving the recommended annual adjust~ents of Development Fees and in- creasing the City's Liability Limits requirement to $1,000,000 be waived and that it be adopted. Councilman Link voted "no" on the motion. RESOLUTION NO. 82-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADJUSTING FEES FOR THE DEVELOPMENT OF RESIDENTIAL PROPERTY IN ACCORDANCE WITH THE CONSTRUCTION COST INDEX. PASSED AND ADOPTED this 6th day of July, 1982, by the fallowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRI CH LINK NONE HUGHAN, TAYLOR, VALDEZ NOES: ABSENT: COUNCI L MEMBERS: COUNCIL MEMBERS: ~ Gi 1 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 8:00 p.m. Roll Call 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. Cert. of The Mayor presented a Certificate of Commendation to Tony Prado Commendation for apprehending a criminal. The Mayor noted that Bill Starritt was not present to receive a similar certificate. Consent Calendar Minutes 4769 Motion was made by Council~an Link seconded by Councilman Taylor that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council r,1embers: Albert, Gage, Hughan, Link, Taylor, Valdez and Goodrich: Approved the Minutes of the Reqular Council Meeting of July 6, 1982; Ba rnett- Range Tr. Map,6663 Intra. Ord. re: Introduced a proposed ordinance amending Sections 15.62 and 15.63 Amend. to Code of the City Code requiring vendor's wagons, pushcarts and vehicles, etc. Vendor Permits to obtain permit approval from the City Administrator rather than the City Counci 1; and r -- Cl aims Pub.Hear. re: E I R & Ten t. r~ap-J. Hoff -- -- Res. #82-'96 Ronan-Liman Assmt. Di st. ",... ~ . Longmeadows Proj. T .Schaal Approved an amended Tract Map of Barnett Range Corp., Tract 6663; Denied damage claims of Paul A. Eilert and Eilert Construction, Inc. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider certification of an EIR and approval of the Tentative Map request of Jerry Hoff, applicant, for an industrial subdivision of ten (10) lots on approximately 56 acres located on the east and west sides of Obata Way, zoned M2 (General Industrial) District. The Staff Report was noted and further explained by Planning Director Do rn . The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Darrell Kelly, consultant for the project, addressed the Council and clarified a possible flooding problem on the site. 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 hearinq be closed. Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-96 be waived and that it be adopted, certifying the EIR, approving the Tentative Map and including the conditions recommended by the Planning Commission. RESOLUTION NO. 82-96 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR A 10 LOT INDUSTRIAL SUBDIVISION ON 56 ACRES ON THE EAST AND WEST SIDES OF OBATA WAY. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Mr. Bruce Tichinin, attorney renresenting Robert and Cecilia Jaime, addressed the Council in regard to the Ronan Avenue-Liman Avenue Assessment District requesting Council to exercise their authority to call an Executive Session for a matter in regard to said district. The Mayor noted that the matter would be taken up at this time. Mr. Tichinin requested that the City pay $2,400.00 to his clients which represents the appraisal, fair market value of the land and reduce the assessment to zero until the property develops. The Mayor noted that the requests would be taken under advisement. A request of Mr. Ted Schaal was noted to increase his buildout schedule of Longmeadows Project. It was noted that the deadline to enter into the fall competition was June 30, 1982. 4770 C of C Sign s Library Hours Motion was made by Council~an Hughan seconded by Councilman Gage and carried that the request of ~1r. Ted Schaal for an increase in his buildout schedule for Longmeadows Project be denied. A request of the Gilroy Chamber of Commerce was noted for approval to place IIvJelcome to Gilroyll signs at the west and north entrances to the Ci ty. Mr. Jon Voorhies, 545 Fifth Street, representing the Chamber, addressed the Council and further explained their request. City Administrator Wood noted that the ordinance allows one ,..J.. sign at the entrances to Gilroy; that possibly the existing signs could . . be combined into one sign. Planning Director Darn noted that the ordinance allows for a temporary sign to be removed in 40 days; that this could be a solution for the Chamber's signs advertising for the Garlic Festival. The Mayor ordered the Chamber of Commerce to contact Staff to attempt to work out a solution to the problem of other signs already located in the locations desired by the Chamber. A letter from the Deputy County Librarian in regard to the hours that the Gilroy Library will be open under the new budget was noted. Goldsmith Seeds A letter from Goldsmith Seeds, Inc. was noted in reqard to an- Re: Annexation nexation to the City. City Administrator Wood noted that the subject property is not in the Urban Service Area, but that the property owner will give the City a letter of guarantee in the event that at a future date, the property is in the Urban Service Area they would not object to annexation to the City. State Funds re: 911 Emerg. Number M & RIce Cream Vendor Plan. Com. re: Lot Sp 1 it- 60 5th St. Discussion was had by Council regarding a deferred development agreement and standby charges for fire hydrant service. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Goldsmith Seeds, Inc. be granted an extension of the fire hydrant service contingent upon execution of a Deferred Development Agreement to include agreeing to annexation when the prop- erty is in the Urban Service Area and Staff to establish a standby charge for the fire service extension. 1 ....; A letter from the City of Seal Beach was noted requesting the State to fund certain portions of the costs of the 911 Emergency Tele- phone System. Motion was made by Councilwoman Hughan seconded by Coun- man Gage and carried that the City of Gilroy adjoin the action of the City of Seal Geach in regard to State funding for 911 Emergency Tele- phone System. A letter from M & R Ice Cream Truck requesting renewal of their municipal license was noted. Motion was made by Councilman Link sec- onded by Councilwoman Huqhan and carried that M & RIce Uream Truck be granted renewal of their municipal license for an additional year as requested. The following informational items were noted with no separate discussion on same: City's 1982-1987 Five (5) Year Capital Improvement Program; ] Peninsula Division, League of Californa Cities Annual Meeting July 29, 1982; Gilroy Chamber of Commerce in regard to City contribution to IISecret Witness Programll; and Letter on 4th of July Fireworks contributors. The Staff Report was noted on a request for a Commercial Lot Split at 60 Fifth Street, aoproved by the Planning Commission at their July 1, 1982, meeting and appealed by the City Council at their July 6, 1982, regular meeting. Planning Director Darn further explained the lot split. 4771 Mr. Greg Mussallem, 9260 Linda Vista, property owner at 60 Fifth Street, addressed the Council and further explained that the separate lot is needed for financing purposes. Motion was made by Councilman Link seconded by Councilman Gage and carried that the matter be agendized on the next Council Agenda of August 2, 1982, to allow Staff to obtain additional information concerning the entrance from an alley. Personnel Com. The Report of the Personnel Commission Meeting of July 8, 1982, was 7/8/82 noted. .... r Monthly Reports Water & Sewer Rates ... Res. #82-97 - - Tree Pruning Permits Crime Statistics Res. #82-98 Reconnecti ng Chgs. & Meter Testing-Water Service .... .... Sister City Ballfields re: S6ftba 11 & Little Leagues The Summary of Monthly Reports of May, 1982 was noted. A Report on proposed water and sewer rates was noted and discussed. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 82-97 be waived and that it be adopted approving the 45~/1,000 gallon water rate and $5.25 residential sewer rate as recommended. Council further requested a feasibility study on the proposal to charge a minimum gallon water rate to residential customers for future consideration of same. RESOLUTION NO. 82-97 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING RATES FOR SANITARY SEWER SERVICE AND WATER SERVICE. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE A report on the status of alternative tree pruning permit procedure was noted. A report on reduced crime statistics was noted and further explained by Police Chief Cowart and itemization of proposed Neighborhood Watch Meeti ngs. Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-98 be waived and that it be adopted approving the recommendation of water "shut-off" and meter testing fee increases. RESOLUTION NO. 82-98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ESTABLISHING FEES FOR TESTING WATER METERS AND FOR RECONNECTION OF WATER SERVICE. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Councilman Gage inquired of the Sister City plaque to be placed in the Council Chambers. It was noted that for security purposes, same was placed outside the Mayor's Office. Councilman Valdez noted that the City/School Liaison Advisory Com- mittee met on the needs for extra ballfields for softball and little leagues, noting that an additional report would be presented to Council at their next regular meeting with information from the Gavilan College representa- tives. Councilwoman Hughan inquired of a future dinner meeting with the City of r10rgan Hill. I t was noted that it is diffi cult to schedul e same during the summer months. 4772 Sister City Res. #82-99 & 82-100 re: Ind. Rev. Bonds- Gil- Venture In- vestors(Nob Hi 11 ) Res. #82-1 Res. #82-2 Councilwoman Hughan inquired of Council representation at the Sister City Dinner Meeting at St. r1ary's Hall July 31, 1982. The ~1ayor noted that the City waul d pay the dinner ti ckets for Council Members. City Admi ni strator ~Jood presented resol utions regarding the Industrial Revenue Bonds for the Gilroy Venture Investors application (Nab Hill Distribution Warehouse System). Motion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-99 be waived and that it be adopted accepting the application of Gilroy Venture Investors. .., RESOLUTION NO. 82-99 ~ A RESOLUTION OF ACCEPTANCE OF APPLICATION OF GILROY VENTURE INVESTORS. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: COUNCI L MEr~BERS: ALBERT, GAGE, HUGHAN, LI NK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Motion was made by Councilman Link seconded by Councilman Val- dez that the reading of Resolution No. 82-100 be waived and that it be adopted for determination and of intention to undertake project for Gilroy Venture Investors and to issue bonds therefor. RESOLUTION NO. 82-100 A RESOLUTION OF DETERMINATION AND OF INTENTION TO UNDERTAKE PROJECT FOR GILROY VENTURE INVESTORS AND TO ISSUE BONDS THEREFOR. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, G.AGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE ~ The Mayor recessed the meeting at 9:15 p.m. Chairman Goodrich called the Industrial Develop~ent Authority Board to order at 9:15 p.m. ....."'" Motion was made by Director Link seconded by Director Valdez that the reading of Resolution No. 82-1 be waived and that it be adopted accepting the application of Gilroy Venture Investors. RESOLUTION NO. 82-1 A RESOLUTION OF ACCEPTANCE OF APPLICATION OF GILROY VENTURE INVESTORS- INDUSTRIAL DEVELOpr1ENT AUTHORITY OF THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: DIRECTORS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: DIRECTORS: NONE ABSENT: DIRECTORS: NONE Motion was made by Director Link seconded by Director Valdez that the reading of Resolution No. 82-2 be waived and that it be adopted of Determination and of Intention to undertake project for Gilroy Venture Investors and to Issue Bonds therefor. ~ RESOLUTION NO. 82-2 A RESOLUTION OF DETERrlINATION AND OF INTENTION TO UNDERTAKE PROJECT FOR GILROY VENTURE INVESTORS AND TO ISSUE BONDS THEREFOR - INDUSTRIAL DEV - ELOPMENT AUTHORITY OF THE CITY OF GILROY. PASSED AND ADOPTED this 19th day of July, 1982, by the following vote: AYES: DI RECTORS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: DI RECTORS: NONE ABSENT: DIRECTORS: NONE ......... At 9:17 p.m., the Chairman adjourned the meeting of the Industrial Development Authority Board. I ... 4773 : The Mayor ca.ll ed the Meeti ng. of the Gil roy City Counci 1 to order at 9:17 p.m., and further adjourned said meeting. Respectfully submitted, ;dH&~y 4?r~