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Minutes 1982/10/04 Roll Call ..... Intra. New Employee - Consent Calendar Minutes 4793 October 4, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Sharon A. Albert, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr., and Norman B. Goodrich. Absent: Council Members: Donald F. Gage and Roberta H. Hughan. The Mayor introduced new employee, Jesse Perez, Services Coordinator, Parks and Recreation Department. 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, Link, Taylor, Valdez and Goodrich. Absent: Council Members: Gage and Hughan: Approved the Minutes of the Regular Council Meeting of September 20, 1982; Asphalt Recycling Accepted the Asphalt Recycling Project and the Asphalt Overlay & Overlay Project; and Project Co rp . Yd. Alarm System Pub. Hear. re: RDO Applics. 'IIliIit;r...w ",..... ....... Accepted the Corporation Yard Alarm System. The Mayor stated that it was the time and place scheduled for a Public Hearing to consider Residential Development Applications for con- struction in 1983, 1984 and 1985. 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 matte~ 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. Motion was made by Councilman Link seconded by Councilman Taylor and not voted upon by Council in order to accommodate interested persons in the audience. Mr. Geary Coats addressed the Council and requested time to speak on a Residential Development application. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Public Hearing be re-opened to accommodate interested persons in the audience. Mr. Geary Coats, representing the Wang Property, requested inclusion of said property in the Urban Service Area for a 1984-1985 buildout allo- cation. Mr. Harry Lollar, representing Ruth & Going, Citation Homes, Project 82-5, addressed the Council and explained the allocated building permits not obtained. He requested that if Council did not wish to allocate permits for 1983, that same be approved for 1984 and 1985. Mr. Ted Schaal addressed the Council opposing Council approval of projection and awarding of units in years forthcoming. Planning Director Darn explained that there are two (2) issues that need to be addressed by the Council: 1) Where the cut-off should be as to which will be approved and which will not be approved; 2) The buildout assignment since Staff and Planning Commission's recommendation is sub- stantially different. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. 4794 Res. #82-113 re: Motion was made by Councilman Link seconded by Councilman RDO (83, 84 & Taylor that the reading of Resolution No. 82-113 be waived and that 85) it be adopted accepting the reco~endation of the Planning Department Staff as to those who will receive a buildout schedule, but to accept the buildout schedule of the Planning Commission as to the number of units allowed in each year. Prior to voting on the resolution, Coun- cilwoman Albert recommended an amendment to the motion to remove the Thomas Road properties from the buildout schedule. The amendment to the motion died for lack of a second; Resolution No. 82-113 passed and was adopted. RESOLUTION NO. 82-113 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A BUILD- OUT SCHEDULE FOR 1983, 1984 AND 1985 UNDER THE RESIDENTIAL DEVELOPMENT ORDINANCE. PASSED AND ADOPTED this 4th day of October, 1982, by the following vote: AYES: COUNCIL MEMBERS: LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBER: ALBERT ABSENT: COUNCIL MEMBERS: GAGE and HUGHAN ..-.- , i I """"'" Pub. Hear. re: 82-83 USA Requests The Mayor stated that it was the time and place scheduled for a Public Hearing to consider City of Gilroy 1982-1983 Urban Service Area requests. Planning Director Dorn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Randy Barbaglia, representing Carl Ho, President of Kent- wood Investment and Construction Co., Inc., addressed the Council re- questing 15.34 acres be included in the Urban Service Area. Mr. Geary Coats addressed the Council, representing T. Wang, for inclusion of his property in the Urban Service Area. Mr. Bill Gissler, Civil Engineer, W. J. Hanna & Son, represent- ing Joe Kerley for inclusion of 110 acres and Lucky Hereford prooerties of 1,600 acres into the Urban Service Area. Mr. Victor Marquez addressed the Council requesting 10 acres on Leavesley Road be included in the Urban Service Area that includes his res i dence. ...... - Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had on the matter by Council. Motion was made by Councilman Taylor seconded by Councilman Val- dez and not carried by the following Roll Call Vote to approve the recom- mendation of the Planning Commission to include Applications No.1, 2, & & in the Urban Service Area. Ayes: Council Members: Link, Taylor and Valdez. Noes: Council Members: Albert and Goodrich. Motion was made by Councilman Taylor seconded by Councilman Valdez and carried that the entire Urban Service Area matter be deferred to a Study Session date of October 25, 1982, at 8:00 p.m. in the Council Cham- bers to discuss same with the applicants and the Planning Commission. ] Pub.Hear. re: Neg. Decl. E. Llagas Sewer Farm Perce Area The Mayor stated that it was the time and place scheduled for a Public Hearing to consider a Negative Declaration for purchase and de- velopment of East Llagas Sewer Farm Percolation Area for the Cities of Gilroy and Morgan Hill. Planning Director Darn presented and explained the Initial Study and map. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. The following persons addressed the Council in opposition to the City developing additional property for percolation ponds: Rosemary - 1 -- ~. ..... ,.... ~ Nab Hi 11 Family Pk. 4795 Maida; Edward Maier, 2050 Pacheco Pass Highway; Bill Hail; Harold Hepner; Courtland M. Rush and Joe Mondelli. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Public Hearing be closed. Councilman Link recommended that the second paragraph on Page 2 of the Initial Study be deleted from same; that same include only the land that the City is losing from the 566 Project. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the second paragraph of the second page be deleted from said Initial Study noting that the property to be purchased is for replacement of existing lands now being used as percolation ponds rather than for plant expansion. Discussion was had in regard to the number of complaints received from the City in regard to odor from the Sewer Plant. The City Attorney reported that as a technical point, there were other references to Mondelli property throughout the Initial Study in addition to the second paragraph on page 2 of the Initial Study and that all references to Mondelli property should be removed from the Study. Director of Public Works-City Engineer Hansen noted that since 1981 to date, there were seven (7) odor complaints received from six (6) people and that in 1979-80 there were sixty (60) complaints and requested that all complaints be registered at City Hall in the future. Motion was made by Councilwoman Albert seconded by Councilman Taylor and carried that the Public Hearing be reopened to accommodate interested persons in the audience. Mr. Courtland M. Rush addressed the Council and noted that the people in the area are tired of complaining. Mr. Tony Maida addressed the Council in regard to purchase or re- placement of his property. Mr. Edward Maier addressed the Council noting that the odor in the area is unbearable and that the property owners are tired of complaining. Mrs. Rosemary Maida addressed the Council noting that the Air Quality Control Board advised here that all complaints should go through them, not the City, and that was why the City was not advised of ninety-five (95) camp 1 ai nts . Wastewater Treatment Plant Superintendent Mara addressed the Council noting that a wind direction indicator had been installed in 1981-82 and that one (1) verified complaint indicated that same came from the waste- water treatment plant out of seven (7) complaints. Mr. Harol Hepner addressed the Council and inquired what effect this project would have on his well. City Administrator Wood noted that the City has done continual testing in the area and that this could be verified with the Water Quality Control Board for said information. Mr. Tony Maida addressed the Council and noted that he has been attempting to negotiate with the Air Quality Control Board for three (3) years and if this continues, he may obtain an abatement order to close the Sewer Plant, Industrial Plant and this proposed project. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Public Hearing be closed. r10ti on was made by Council man Taylor seconded by Council man Link and carried that the Negative Declaration be approved for purchase and develop- ment of the East Llagas Sewer Farm Percolation area for the Cities of Morgan Hill and Gilroy, noting the amendment to remove all references to the Mon- delli property within the Initial Study. The Mayor noted that the Nob Hill Family Park Project review would be tabled at the request of the apolicant. 4796 Operation Sentinel P & R Com. S. Bozzo ICC The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. r~s. Mary Ell en Rocha, Operati on Senti nel, addressed the Council requesting Council support and endorsement of Operation Sentinel's Gilroy Office to become certified by the U. S. Department of Housin9 and Urban Development. The Mayor requested that same be in writing to be agendized at the next regular Council Meeting. Ms. Rocha presented here request in writing to the City Clerk ..J....... for agendizing on the next re~ular Council Meeting agenda. .. A letter of resignation from Parks and Recreation Commissioner, Sam Bozzo, was noted. Motion was made by Councilman Link seconded by Councilman Val- dez and carried that the resignation be accepted. The Mayor noted that the new member for this replacement would be at the November 1, 1982, regular Council Meeting and invited anyone interested to inform any Council Member of same. A letter from Lucile Hillestad, President, Inter-City ,G:ouncil, was noted and discussed requesting input on financial evaluation. Motion was made by Councilman Taylor seconded by Councilman Valdez and carried that the City recommends that the Secretary/Treas- urer city fee be increased from $125.00 to $150.00 per meeting. Domestic Violence The Mayor noted that he would issue a Proclamation of Domestic Awareness Violence Awareness ~leek, October 9-16, 1982, requested by the La Isla Week Pacifica (South County AlternRtives, Inc.). De 1 r10nte Train Service Street Closure- Ms. R. Ozuna Leaves 1 ey Rd. Speed Permit P & R Com. 9/21/82 City Administrator Wood presented a letter from the Department of Transportation in re: to key people to work with the Department on re-establishing the Del Monte Service. He further noted that a meeting has been scheduled for October 5, 1982, at 2:00 p.m. in the Council Chambers to study same. He also noted a Kick-Off Dinner scheduled for October 9, 1982, at 6:00 p.m. at the ~uail Lodge in Carmel Valley for any Councilperson desiring to attend same. ... ....... A letter from Ms. Ramona Ozuna (La Flor de Jalisco) appealing the decision of the Police Chief to deny an application for street . closure for a public fiesta was noted, and further explained by Police Chi ef Cowart. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the request for street closure by Ms. Ramon Ozuna be denied. The following informational items were noted with no separate discussion on Items 2 and 3. The report of the Cal-Trans Engineering and Speed Zone Survey along portions of Highway 152 was noted and discussed. r10tion was made by Councilman Link seconded by Councilman Tay- lor and carried that the City Administrator forward a letter to Cal- Trans opposing both sreed limits prorosed until such time as a signal is installed at the Murray/Leavesley Road intersection; ~ . I I ........, Santa Clara County in re: to application for additional Mortgage Revenue Bonds; and Submittal of information comparing charges for treatment of cannery wastes in various selected California ~1unicipal Sewer Systems. The Minutes of the Parks and Recreation Commission Meeting of September 21, 1982, were noted. Facil ity Use Permits & Fees ",.., i Sport Fees ... Sr. Citizens' Adv. Com. Monthly Reports Gil ray Com. Ctr. Roof Management Employees - - Gil ray H. S. Pkg. Restric- tions Williamson Act- G.Brem Prop. .... ... Res. #115 re: Co. Trans. Di st. Damage to Ci ty S ts . 4797 Discussion was had on the recommendation to approve Facility Use Permits and Fees and further explained by Parks and Recreation Di rector Ayer. Motion was made by Councilman Taylor seconded by Councilman Link and carri ed that the Faci 1 i ty Use Permi t Fees be approved as recommend- ed. Motion was made by Councilman Link seconded by Councilman Val- dez and carried that the recommended changes in the Facility Use Permit procedures be approved. Motion was made by Councilman Taylor seconded by Councilman Link and carried that the Sport Fees for next spring be apnroved as recom- mended, specifically, for the Softball and Basketball fees of $240.00 per team per season; and Winter League Fees of $120.00 per team per season. The Minutes of the Senior Citizens' Advisory Council Meetings of July 20, 1982, and August 17, 1982, were noted. Councilman Valdez commented on Staff's efforts to save paper, noting the above minutes tyned on both sides of the paper. The Summary of Monthly Reports of August, 1982, were noted. A report on re-roofing the Gilroy Community Center was noted. Council tabled action on same to the next budget (1983-84) due to possible rainy season approachinq soon. It was noted that any appar- ent leaks could be patched until that time. City Administrator Wood presented a report on resolutions re- lating to the compensation of Management Employees. Council tabled action on same recommending Councilman Gage be present for inout on the matter. A request of Gilroy High School Principal for a two (2) hour parking restriction on the north side of Tenth Street was noted and further explained by Police Chief Cowart. Council tabled action in order for the Police Chief to contact the School and Arcadia Develop- ment for their input on the matter. City Administrator Wood presented a request for waiver of Wil- liamson Act penalties assessed to the former Glenn Brem property. Motion was made by Councilman Link seconded by Councilman Tay- lor that the reading of Resolution No. 82-114 be waived and that it be adopted, waiving said penalty fees. RESOLUTION NO. 82-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY GRANTING A WAIVER OF CANCELLATION FEES ON A WILLIAMSON ACT CONTRACT LOCATED IN THE CITY OF GILROY. PASSED AND ADOPTED this 4th day of October~ 1982, by the following vote: AYES: COUNCIL MEMBERS: LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBER: ALBERT ABSENT: COUNCIL MEMBERS: GAGE and HUGHAN Director of Public Works-City Engineer presented a request for a resolution requesting the County Transit District to share City costs to repair and maintain bus damaqed streets. Motion was made by Council- man Link seconded by Councilman Valdez that the readin9 of Resolution No. 82-115 be waived and that it be adopted. RESOLUTION NO. 82-115 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DEFINING THE EXTENT OF DAt1AGE DONE TO GI LROY STREETS BY SANTA CLARA COUNTY TRANSIT BUSES AND REQUESTING SAID DISTRICT TO REIMBURSE ON A PRO RATA SHARE WITH CITY TO REPAIR AND MAINTAIN SAID DAMAGED STREETS. 4798 Ca ro 11 0 Report- Counc. Adv. COl11Tlittee Ronan-Liman Ave. Change Order #1 Int. Drainage Project Co. HCD Adv. Committee Tech. Eng. Pos iti ons- Pub. Wks. Cable TV Rate Increases Res. #82-116 PASSED AND ADOPTED this 4th day of October, 1982, by the following vote: AYES: NOES: ABSENT: COUNCIL MEMBERS: ALBERT, LINK, TAYLOR, VALDEZ and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: GAGE and HUGHAN Director of Public Works-City Engineer Hansen recommended the appointment of a Council Advisory Committee to review the Carollo Report on Water System Needs as recommended. The Mayor appointed Councilwoman Albert, Chairperson, and Coun- cil Members Hughan and Valdez as said Council Advisory Committee. ...... I i I ....... Director of Public Works-City Engineer Hansen presented and ex- plained a report on Ronan/Liman Avenue Assessment District construction Change Order #1 in the amount of $18,000.00. Motion was made by Councilman Link seconded by Councilman Valdez and carried that Change Order #1 of the Ronan-Liman Avenue Assessment District be approved as recommended. Director of Public Works-City Engineer Hansen presented a recom- mendation to retain Nolte & Associates to evaluate the Interim Drainage Project benefits in the amount of $3,500.00. Motion was made by Councilman Link seconded by Councilman Valdez and carried that the City retain Nolte & Associates to evaluate the Interim Drainage Project benefits in the amount of $3,500.00 as recom- mended and that a budget amendment for same be approved. The Mayor recommended and appointed for Nominations to the County's Housing and Community Development Citizens' Advisory Committee, Ms. Mary Rocha, representative, and Tony Duran, alternate. /IIlIIIII The recommendation of the Personnel Commission and an additional memorandum of the Director of Public Horks to establish Tech-Eng. posi- _ tions for the Department of Public Works was noted; same continued from the September 20, 1982, Council Meeting. Council requested that salary increase information be oresented to Council for action on the matter at the November 1, 1982, regular Council Meeting, when a full Council is anticipated. A rpeort on Falcon Cable TV request for rate increases was noted. Mr. George Swanson addressed the Council noting that Cable TV's services do not merit an increase. Mr. Mike Silacci, representing Falcon Cable TV, addressed the Council and explained problems of Channels 36 and 54 interferring with Channell 11 and 8, due to the close proximity of these channels to Gil ray. An unidentified citizen in the audience inquired of the present Falcon Cable TV rates. Mr. George Swanson addressed the Council and noted that cable for televisions is required in Arcadia since there is a deed restric- tion for the residences in Arcadia development. ~10tion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-116 be waived and that it be adopted approving the requested Cable TV rate increases for Falcon Cable TV noting that said approval does not include partial deregulation. ~ , ~ RESOLUTION NO. 82-116 RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA TELE- VIS ION SYSTH1. PASSED AND ADOPTED this 4th day of October, 1982, by the fallowing vote: AYES: COUNCIL MEMBERS: ALBERT, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: GAGE and HUr,HAN Citizens' Task Force Com. Gourmet Alley Management Group El Noa Noa Club Hearing Adjournment .. 4799 , : The Mayor appointed the fol lowing Citizens' Task Force to study and work on the Uvas Parkway Preserve Project, noting that the Director of Parks and Recreation would arrange the first meeting, elect a Chairman, etc. Name Joan Harrison Rich Imler Pete Valdez, Jr. Frances Howson Conni e Rogers Edith Edde Lee Bergman Bi 11 Perki ns M. J. Fil i ce Marcel Braquet George Lawton Agency Representing A.A.U.W. Gilroy Unified School District Gilroy City Council B.I.G. Committee P & R Commission Planning Commission S. C. Co. Parks & Recreation Commission Gavi 1 an Coll ege At Large At Large At Large The Mayor also noted the following agencies to be invited to par- ticipate: Santa Clara Co. Parks & Recreation Dept.; Santa Clara Valley Water District; Gavilan Water Conservation District; California State Department of Fi sh & Game; and Corps of Army Engi neers. Councilman Taylor advised the Council of the establishment of a Committee by the Merchants' Association and Downtown Business owners pro- posing to meet with the City for the improvement of Gourmet Alley. The Mayor announced a Closed Council Study Session with the Manage- ment Group scheduled for October 11, 1982, at 8:00 p.m. in the Council Chambers. Motion was made by Councilman Taylor seconded by Councilman Link and carried to re-schedule the hearing on the Dance Permit of the El Noa Noa Club, originally scheduled for October 18, 1982, to the November 1, 1982, regular Council Meeting since some Staff and Council expect to be absent at the October 18, 1982, regular Council Meeting. At 11:21 p.m., the Mayor adjourned the meeting. ~=m~~~ ~ City Clerk - - .