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Minutes 1982/09/07 r 4781 September 7, 1982 Gilroy, California The Regul ar Meeti ng of the Gil ray City Counc il was called to order by His Honor Mayor Norman B. Goodrich at 8:00 o.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 Service- The Mayor presented a Certificate of Service and gift to Luvy L. Sanches Sanches, retired Clerk Typist, Public Works Department. The Mayor announced that the four (4) grievances under the Personnel Commi ssi on Report waul d be conti nued to an adjourned regul ar Council r1eeti ng of September 8, 1982, at 8:00 r.m. 4782 Consent Calendar Minutes Pub. Hear. re: USA Req ue s ts Pub.Hear. re: Purch. & Dev. Sewer Farm Project Dev. Agree. re: Gil ray Ind. Enterprises, Tr. #6997 Budget Amen dmen ts Damage Cl a i m- H. Silveira Encroachment Permit-Carl Head Bids re: Trash Pump/Trai ler Bids re: Wheeler Aud. Remodeling Bids re: Agric. Wastewater Chlorination P roj . Pub.Hear. re: Nob Hill Foods P rezon i ng Motion was made by Councilman Link seconded by Councilman Tay- lor 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 Regular Council Meeting of August 16, 1982; Set October 4, 1982, as a Public Hearing date re: Urban Service Area requests; Set October 4, 1982, as a Public Hearing date to consider ap- proval of a Negative Declaration for purchase and development of East Llagas Sewer Farm percolation area for the Cities of Gilroy and Morgan Hill; '........ I I I I I - Approved a Development Agreement with Gilroy Industrial Enter- prises, Tract No. 6997; Approved a request to amend the 1982-1983 Budget (2014, 6030, and 0700); Deni ed a damage claim of Mr. H. E. Silveira; and Approved an Encroach~ent Permit for Mr. and Mrs. Ca rl Head, as recommended. Noted a report of bids received for a trash pump with trailer for the Wastewater Treatment Plant, recommending awarding same to Thomas & Associates in the amount of $18,950.85. ~loti on was made by Council man Link seconded by Council man Gage and carried that the bid of Thomas & Associates in the amount of $18,950.85 be awarded for a trash pump with trailer as recommended. fi"..'t.~..... Noted a report of bids received for doors, frames and hardware for remodeling of ~Jheeler Auditorium building, recommending awarding same to Coast Counties Glass in the amount of $10,163.00. """..4 Mati on was made by Council woman Hughan seconded by Councilman Valdez and carried that the bid of noast Counties Glass in the amount of $10,163.00 be awarded for doors, frames and hardware for re~odeling of Wheeler Auditorium building as recommended. Councilman Taylor voted IInoll on the motion. A report was noted recom~ending rejecting all bids for the Agri- cultural Wastewater Chlorination Project requested by the local indus- tries, further explained by City Administrator Wood. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that all bids for the Agricultural Wastewater Chlorina- tion Project be rejected as recommended. The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Nob Hill Foods, Inc., applicant, to M2 (General Industrial) District on 32.45 acres located southeast of the intersection of the South Valley Freeway and Monterey Road. The Staff Report was noted and further explained by Planning Di rector Darn. ] The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Scott Lefaver, representing Coats Consulting, for the appli- cant, addressed the Council, noting that he was present to answer any questions on the prezoning request. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no further comment from anyone in the audience. Rural Fire Station- Church St. """. I i -- Gilroy Golf & Country Cl ub Pump Costs Pacific r'lobile Estates ......... Pl an. Com. Report 9/2/82 Filice Vyds.- Fence Var. "...... ... Planning Dept. Applications 4783 Motion was made by Council~an Link seconded by Councilman Valdez and carried that the Public Hearing be closed. Motion was made by Councilman Link seconded by Councilman Gage and carried that the proposed ordinance be introduced, the reading waived and that it be published by title and summary. City Administrator Wood presented a letter from the County of Santa Clara in regard to the sale of the Rural Fire Station on Church Street. Discussion was had on the matter by Council. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that Staff be authorized to pursue possible purchase of same following proposed use of said building and cost to rehabilitate same, notin~ no commitment on said purchase. City Administrator Wood presented a letter of protest from the Gilroy Golf & Country Club in regard to pump costs. Mr. George T. Duffin, president of the Gilroy Golf & Country Club, addressed the Council further explaininq same. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the City pay the pump costs requested. City Administrator t~ood presented a letter from Pacific r10bile Estates requesting 6 - 8 new spaces under the Residential Development Ordi- nance, further explained by Planning Director Darn. Discussion was had on the matter by Council. Councilwoman Hughan seconded by Councilwoman Albert request for 6 - 8 units be denied with notification can be utilized at this time and the balance can be Residential Development Ordinance. Councilman Link motion. Motion was made by and carried that the that four (4) spaces aoplied for under the voted "no" on the Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that Units 1 and 2 spaces of Pacific Mobile Estates not be developed as mobile home units but remain as open spaces. The following informational items were noted with no separate dis- cussion on same: Letters in opposition to Planned Parenthood Services in South County from Dennis & Elaine Milar and Judy A. and Edward R. Harrington; I nter-City Council r1eet i ng of Seotember 9, 1982. The Report of the Planning Commission Meeting of September 2, 1982, was noted. Council reviewed the fence variance request, Filice Estate Vineyards, applicant, for Mira Lama Plaza, located at the northwest corner of First Street and Kern Avenue, further explained by Planning Director Darn. r1r. Tim Filice addressed the Council further explaining the variance request. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilman Valdez and carried that the fence variance be approved to include the conditions recommended by the Planning Commission. Councilwoman Albert voted "no" on the motion. Council reviewed methods of simplifying procedures for Planning Department applications, further explained by Planning Director Darn. Council agreed that the Planning Department is proceeding in the right direction and that Council can make any recommended changes when the final ordinance is presented. Councilwoman Hu~han inquired if the 6 foot chain link fence on Chest- nut Street is located at a residence. 4784 Personnel Com. Re po rt 8/23/82 Res. #82-106 Sexual Har- assment Planning Director Dorn reported that same is presently a vacant lot in a residential area, located at the dead-end of Chestnut Street where the channel goes through and only about one-half of the lot has street frontage. He noted that the fence was constructed to prevent vehicluar traffic from using the lot as a short~cut between Chestnut Street and the Lewis Street Bridge cutting through the lot, discourag- ing potential buyers to purchase the lot. Councilman Gage inquired about fence construction on the sidewalks on South Church Street toward Thomas Road. Planning Director Darn noted that he would investigate same to determine if there should be a one foot set-back at said location. ....., I I I """"" Council reviewed the recommended changes to the Planning Fee Schedule further explained by Planning Director Darn. Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that the revised planning fee schedule be approved as recommended. Counci 1 ~1embers Link and Taylor voted "no" on the motion. The Report of the Personnel Commission Meeting of August 23, 1982, was noted. re: The recommended amendment to the City Policy re: Sexual Harass- ment was noted. Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-106 be waived and that it be adopted amending the City Policy regarding Sexual Harassment as recommended. RESOLUTION NO. 82-106 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY Ar1ENDING SEXUAL HARASSMENT COMPLAINT PROCEDURE. .... PASSED AND ADOPTED this 7th day of September, 1982, by the following vote: AYES: -- COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCI L MEMBERS: ALBERT, GAGE, and GOODRI CH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ New Positions- Council discussed the recommendation to establish new positions Pub.Wks. Dept. in the Public Works Department, further explained by Personnel Direc- to r Booth. Council requested that action on same be tabled to the next regular Council Meeting to allow Staff to present Council with job descriptions for the new positions. Part-Time Wages- Discussion was had regarding the recommendation re: part-time Rec. Dept. wages for Recreation Staff. Grievances 81-82 Audit Fa 1 con Ca b'le TV Motion was made by Councilman Taylor seconded by Councilman Link and carried that all part-time recreation wages below minimum wage be brought up to minimum wage. Councilwoman Hughan voted "no" on the motion. The Mayor noted the four (4) grievances and recommendations for same would be discussed at the adjourned regular Council t1eeting of September 8, 1982. ~ I I I ........ City Administrator Wood presented a report on the external audit for the year ended June 30, 1982, and noted that the operating costs for the 1981-82 fiscal year were $395,340 under the total budgeted figure. Motion was made by Councilman Valdez seconded by Councilman Link and carried that the 1981-82 External Audit be accepted. City Administrator Wood presented a request of Falcon Cable TV for rate increases. The Mayor appointed Councilman Valdez as chair- man of a Council Advisory Committee and Council Members Gage and Link to study said request, with a Committee meeting date to be set at the meeting on September 8, 1982. 4785 S . C. Vall ey Water Di s t. re:Easement City Administrator Wood presented a request for conveyance of a sewer easement to the Santa Clara Valley Water District at the southwest approach to the Lewis Street Bridge. Motion was made by Councilman Link seconded by Councilman Taylor and carried that said sewer easement be conveyed to the Santa Clara Valley Water District as requested. Res. #82-107 Motionwas made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-107 be waived and that it be adopted conveying said sewer easement to the Santa Clara Valley Water District. ,.. -- RESOLUTION NO. 82-107 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING EXECUTION OF CONVEYANCE OF AN EASEr1ENT ON THE SOUTH SIDE OF THE LnJIS STREET BRIDGE AT FOREST STREET TO THE SANTA CLARA VALLEY WATER DISTRICT. PASSED AND ADOPTED this 7th day of Sentember, 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 Prisoner Trans. City Administrator Wood presented an agreement for prisoner trans- Agreement portation. Motion was made by Councilman Link seconded by Councilman Ga~e and carri ed that the agreement for Pri saner Transportati on be approved as presented. Safety Program City Administrator Wood presented a report on a Safety Program. Councilman Gage requested that same be reviewed regarding mandatory attendance by City Employees. ,...... Gilroy Venture City Administrator Wood presented resolutions and minute orders Investors regarding the Project for Gilroy Venture Investors (property of Nab Hill Distribution Warehouse Complex). Res. #82-108 Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-108 be waived and that it be adopted approving the Project. RESOLUTION NO. 82-108 A RESOLUTION OF APPROVAL OF PROJECT FOR GILROY VENTURE INVESTORS. PASSED AND ADOPTED this 7th day of September, 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. #82-109 Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-109 be waived and that it be adopted approving the Project with anproval of any required changes by the State. ........ RESOLUTION NO. 82-109 A RESOLUTION OF APPROVAL OF PROJECT FOR GILROY VENTURE INVESTORS. PASSED AND ADOPTED this 7th day of September, 1982, by the fallowing vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .... Lega 1 Fee Agreement Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the Legal Fee Agreement be approved. In Rem Valida- ti on Proceed- ings Res. #82-110 Motion was made by Councilwoman Hughan seconded by Councilman Gage that the reading of Resolution No. 82-110 authorizing in rem validation proceedings be waived and that it be adopted. 4786 RESOLUTION NO. 82-110 A RESOLUTION AUTHORIZING IN REM VALIDATING PROCEEDINGS - GILROY VENTURE INVESTORS FOOD DISTRIBUTION FACILITIES PROJECT. PASSED AND ADOPTED this 7th day of September, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, and GOODRI CH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Motion was made by Councilwoman Hughan seconded by Councilman ~ Taylor and carried that the meeting be adjourned to a meeting of the Board of Directors of the Gilroy Industrial Development Authority. ... Motion was made by Director Hughan seconded by Director Gage and carried that the legal agreement be approved. Motion was made by Director Hughan seconded by Director Gage and carried that the Gilroy Industrial Development Authority meeting adjourn. The Mayor reconvened the regular Council Meeting and called same to 0 rde r . A.D. Stubble- field Disa- b il ity Ap p 1 i - cation The Mayor noted that it was the time and olace scheduled to review A. Doyle Stubblefield's Disability Application. City Adminis- trator Wood recommended that Council hear from Officer Stubblefield's counsel to follow by the City.s representative on the matter. Mr. Stephen Sprenkle, attorney representing Sgt.Stubblefield addressed the Council urging ~ranting of the disability application. Mr. J ames Farman, representi ng the City of Gil roy, addressed the Council in regard to Sergeant Stubblefield's application urqing denial of said application. ~ Res. #82-111 Motion was made by Councilman Taylor seconded by Councilman Link that the reading of Resolution No. 82-111 be waived and that it be adopted concurring with the Personnel Commission's decision not granting the disability retirement requested. - RESOLUTION NO. 82-111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY (Section 21025, Government Code) (A. Doyle Stubblefield Disability). PASSED AND ADOPTED this 7th day of September, 1982, by the following vote: AYES: COUNCI L ME~1BERS: ALBERT, GAGE, GOODRICH HUGHAN NONE LINK, TAYLOR, VALDEZ and NOES: ABSENT: COUNCIL MEMBER: COUNCIL MEMBERS: MBO Program City Administrator Wood presented a report on t1anagement Development and Evaluation Program. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried concurring that said proposal is proceeding as requested. Sewer Study City Administrator Wood reported that the Sewer Advisory Com- mittee has requested authorization to proceed with a comprehensive planning study in the amount of $35,000.00 for the Domestic, Inrlus- trial and Reclamation Sewer Study. Motion was made by Council~an Link seconded by Councilman Taylor and carried that Staff be authorized to proceed with the Comorehensive Planning Study as reco~mended and that the 1982-83 Budget be amended to provide for same, subject to approval of same by the City of Morgan Hill. ..... - E.S. Filice re: Water Line Councilman Gage referred to the August 16, 1982, Minutes of the Gilroy City Council Meeting regarding request of Ernest S. Filice, developer, to defer construction of a water line on Banes Lane and Council action denying same, requesting Council to reconsider the matter. ,... .... Parking Lot Time Limits El Noa Noa Club '~.. City /S ch 001 Li ai son Committee G.Valverde re: Vendors Wagons -- .... I CC r~eeti ng Adjournment 4787 Motion was made by Councilman Gage seconded ~y Councilman Link and carried by the following Roll Call vote to reconsider the matter: Ayes: Council Members: Gage, Link, Taylor and Valdez. Noes: Council Members: Albert, Hughan and Goodrich. Motion was made by Councilman Gage seconded by Councilman Taylor and carried by the followinq Roll Call vote that Ernest S. Filice be allowed to defer installation of the entire water line on Banes Lane at a later date to be paid for by the developers at the time another commer- cial development locates in the area: Ayes: Council Members: Gage, Link, Taylor and Valdez. Noes: Council Members: Albert, Hughan and Goodrich. Councilwoman Hughan requested a Staff report and recommendation with input by the Downtown Merchants' Association regarding the two (2) hour parking restriction on the parking lot at the northeast corner of Lewis and Monterey Streets. Councilwoman Hughan noted a request of Continental Telephone Com- pany for an official letter from the City outlining those to be notified in the event of the telephone system not functioning. Council referred same to Staff. Councilwoman Hughan requested that the group that planted the trees on the east side of North Monterey Street be recognized. Councilwoman Hughan informed Council that she is the Secretary/ Treasurer of the Inter-City Council for the current term. Councilman Link presented and read a petition protesting the El Noa Noa Club on North r~onterey Street for noise disturbance. The Mayor referred same to the City Administrator. Councilman Gage requested that the Police Department respond to same. City Administrator Wood noted that Staff would follow through on same. Councilman Valdez noted proqress of the City/School Liaison Committee in regard to softball fields. Councilman Gage noted that the Yorktown Drive residents have com- plained to him of the Softball Games at Christmas Hill Park reverting back to the 11:00 - 11:30 p.m. time frame. Councilman Valdez presented a report of the 1983-86 Softball estimated projections and noted that the Committee would hopefully report to Council on the matter at the next regular Council Meeting. Councilman Valdez inquired of the letter from Gonzalo Valverde regarding operation of vendor's wagons at fixed locations. City Administrator Wood presented the request of Mr. Gonzalo Val- verde for permission to operate two (2) vendors wagons from 9:00 p.m. to 2:00 a.m. at 7237 and 7240 Monterey Street. Mr. Philip Vargo, attorney representing the applicant, addressed the Council further explaining the request. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that a thirty (30) day temporary permit be granted Mr. Gonzalo Valverde to operate two (2) vendors wagons at the requested locations from 9:00 p.m. to 2:00 a.m. to allow Mr. Valverde to operate his business while Staff is investigatino the matter. Councilman kaylor voted "no" on the mati on. The Mayor noted the Inter-City Council Meeting of September 9, 1982, at the Center for the Performaing Arts in San Jose. At 11:33 p.m., motion was made by Councilman Link seconded by Council- man Taylor and carried that this meeting adjourn to September S, 1982, at 8:00 p.m. ,7tJ;;;;!~rd ~