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Minutes 1982/11/01 ... Roll Call Memorial Certificate of Servi ce- S. Bozzo Consent Calendar Minutes Budget Amendments Budgeted Items 4803 November 1, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor 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. anrl Nor~an B. Goodrich. The Mayor declared a moment of silence in memory of Margaret Voor- hees, Parks and Recreation Commission Chairperson. The Mayor presented a Certificate of Service to retired Parks and Recreation Commissioner, Sam Bozzo. Motion was made by Councilman Link seconded by Councilman Taylor that the following items under the Consent Calendar be apnroved 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 October 18, 1982; Approved 1982-1983 Budget Amendments and Transfers requested (0400, 4000, 4100, 2100, 1100); Approved a Report on Budgeted Items exceedin0 $1,500 per Council direction; and Def. Dev. Agree. Approved a Deferred Development Agreement with John and Donna J. Piedmont Piedmont. Hearing re: El Noa Noa Club The Mayor stated that it was the time and olace scheduled for a hearing on a dance permit of El Noa Noa Club, at 7747 Monterey Street, Gil ray. City Administrator Wood presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Mr. Roel Olivares, owner, addressed the Council noting his efforts to alleviate the noise. Mr. Firman Voorhies, owner of a business adjacent to the subject club, addressed the Council noting valdalism to his property believed to be caused by the patrons of El Noa Noa Club and opposed issuance of said dance permit. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. 4804 Pub.Hear. re: Rezoning- Woodworth l\ssoci ates Pub.Hear. re: Tent. Map - Longmeadow Mr. Bob Weske, 7751 Ei~leberry Street, addressed the Council noting a time delay between when the telephone comolaints are regis- tered and the actual time the Police Department arrives at the scene which would account for said complaints not being verified. Mr. Albert Carr ey, 7757 Monterey Street, addressed the Council objecting to the litter and debris accumulating in his front yard. The City Clerk presented and read a letter from Ms. Patricia Howorth, 7707 Eigleberry Street, in opposition to the dance permit at the El Noa Noa Club. ~ , i I ....... Police Chief Cowart addressed the Council requesting that any questions on this subject be oirected to his office rather than to the local newspaper. Mr. Olivares, owner, addressed the Council and noted that he intends to cover the back wall in an attempt to reduce the sound level. After no further discussion from the audience, the r1ayor declared the Public Hearing closed. Discussion was had by Council on the matter. ~10ti on was made by Counci 1 man Link seconded by Councilman Tavlor and carried that the dance permit at [1 Noa Noa Club be termorarily re- voked and not be renewed until the noise level is severely reduced. Council Members Albert and Valrlez voted IInoll on the motion. The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Woddworth Associates of Cali- forni a, Inc. on .85 acres located at 8985 r10nterey Street, north of Liman Avenue from HC (Highway ComMercial) District to CM (Commercial/ Industrial District. The Staff Report was presented and further explained by Planning Di rector Darn. ",,,"C.-i.lI.Il ...- The Mayor asked if there was anyone present in the audience wishing to speak on the rezonin(1 request. There \'/as no com~ent from anyone in the audience. Motion was made by Councilman Link seconded by Councilwo~an Hughan and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by CouncilMan Taylor and carried that a proposed ordinance be introduced and published by title and summary approving the rezoning request. The Mayor stated that it was the time and place scheduled for a Public Hearing on a Tentative Map request of Longmeadow, applicant, for 256 Residential Lots an~ 6 Common Green Lots located on the west side of Morey Avenue, north of Mantelli Drive, containing 132 acres. The Staff Report was presented and further explained by Planning Director Dorn noting that Council should review the P.U.D. Design re- ported by the Architectural and Site Committee, noting that said matter is not under the Public Hearing. ....... I I I I i ....,J Director of Public Works-City Enqineer Hansen noted that the Master Storm Drain Plan would be adhered to under this oroject to alle- viate any flooding and that the north erlge of the property would require built-up roads. The Mayor asked if there was anyone present in the audience wish- ing to speak on the matter. There was no comment from anyone in the audience. Motion was mane by Councilman Link seconded by Councilman Taylor and carried that the Public Hearing be closed. Discussion was had by Council on the matter. Res. #82-119 [ 4805 r10tion was made by Councilman Link seconded by Councilman Valdez that the reading of Resolution No. 82-119 be waived and that it be adopted approving the Tentative Map for Longmeadow as presented to include the fifteen (15) conditions recommended by the Planning Commission. RESOLUTION NO. 82-119 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP FOR 256 RESIDENTIAL LOTS AND 6 COMMON GREEN LOTS ON 132 ACRES ON THE WEST SIDE OF MOREY AVENUE NORTH OF MANTELLI DRIVE. PASSED AND ADOPTED this 1st day of November, 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 Councilwoman Hughan seconded by Councilman Gage and carried that the Planned Unit Development Design review be approved to include the recommended conditions re: Longmeadow subdivision. Pub.Hear. re: The Mayor stated that it was the time and place scheduled for a HCD Funds Public Hearing on allocation of HCD funds. I~ I ... "".... 'L Nab Hi 11 Fami ly Park Councilwoman Hughan declared herself absent due to a possible con- flict of interest on the matter. The Staff Report was presented and further explained by HCD Grant Coordinator Ford. The Mayor asked if there was anyone present in the audience wishing to speak on the matter. Ms. Olivia Sahagun, Executive Director of South County Development Corp., addressed the Council requesting endorsement of the projects to be submitted for HCD Fund Allocation. She further reported on HCD Projects completed and those near completion. She noted the following projects to be submitted: 1) $75,000, Administration; 2) $150,000, portion of funds for a 32 unit complex; 3) $100,000, portion of funds for purchase of four (4) R3 lots for land banking; Total - $325,000. 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. 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 Link seconded by Councilman Taylor and carried that the City's fair share of HCD Funds, approximately $175,000, be allocated to that par- ticular fund, noting that the balance of said fund would then be approxi- mately $825,000 in total funds available to date. 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 that this was the time and place scheduled to review the Nab Hill Family Park Proposal. Mr. Geary Coats, Consultant, addressed the Council noting the Con- sultant's report on sewage disposal and traffic studies, further explaining same. Mr. Coats further agreed to annexation of the property to the City and connection to the City's sewer facilities when available. He further noted that the property owner realizes that the project may not proceed beyond Phase I. Ms. Judy Long, Burchell Road, addressed the Council opposing the project noting that same would not preserve Uvas Creek and peaceful living would be destroyed. 4806 Variance of R2 Si te- Epperson Gen. Plan Amendment- J. Fil i ce Jamina Invest- men ts Christmas Decorations P & R Com. 10/26/82 Councilman Link proposed that the County be notified that the City has no problem with the conceot of the project and that the City will be requesting that the property owner annex to the City of Gilroy, further noting that the property owner has indicated to him that he has no problem with this proposed action and request of the City. City Administrator Wood recommended that the City require this project to be connected to the Gilroy sewer plant. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried by the following Roll Call vote that the County of Santa Clara be notified that the City has no problem with the con- ] cept of the Nab Hill Family Park proposal but that the City is request- .... ing the property owner to annex to the City prior to development or construction. Ayes: Council Members: Gage, Hughan, Link, Taylor, Valdez and Goodrich. Noes: Council Member Albert. The ~1ayor reauested that the City Admini strator prepare the letter for his signature. City Administrator (-load presented a request of r1r. L. Epperson for a variance of a proposed R2, Site Area, 7281 Dowdy Street. Mr. Roger Epperson, 285 Caldwell Court, Morgan Hill, addressed the Council further explaining his request. Motion was made by Councilman Gage seconded by Councilman Link that the request for two (2) dwellinqs at 7281 Dowdy Street be approved with no variances to be allowed. The City Attorney further explained that two (2) dwellings would be allowed if the required setbacks, etc. are met. Motion was carried. City Administrator Wood presented a request of Mr. J. Filice for an emergency application to chan~e the General Plan and further explained the matter. ., ....III,! Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilwoman Albert and carried thqt the request of Mr. J. Filice for an emergency application to change t~e General Plan be denied. A request of Jami na cation RD 80-8 was noted. ded by Councilman Gage and granted Jamina Investments Investments for a time extension on Appli- r10ti on was made by Counci lwoman Hughan s~con- carried that a one (1) year extension be on Application RD 80-8. A letter from the Gilroy Chamber of Commerce was noted re- questing City Assistance in hanging Christmas decorations. Mr. Phil Buchanan, Chairman of the Christmas decorations, addressed the Council further explaining same. t~otion was made by Counci lwoman Hughan seconded by Councilman Taylor and carried that the City will provide services to hang the Christmas decorations as requested. The following infor~ational items were noted with no separate discussion on same: City Commissioners an0 Committee terms expiring January 1, J.... 1983, for apnointment December 20, 1982; Report on the Railroad Merger which was discussed by Council October 18, 1982, same being comnleted and no Council action required; and Santa Clara Valley Water District confirming appointments to the Flood Control Zone Adviso~v Committees. The Minutes of the Parks and Recreation Commission Meeting of October 26, 1982, were noted. Gavil an Sports Complex [ Monthly Reports Rehab. Loan Aerial Fire Unit .....i~ .- JI(IIIOa Speed Control- Li lly Ave. L USA Requests 4807 Discussion was had on the proposed Gavilan College Sports Complex. Motion was made by Councilwoman Hughan seconded by Councilman Taylor and carried that the recommendation be approved to endorse and support said project and concept of the agreement subject to approval of same by the City Attorney, Softball Board of Manaqers, etc., noting that a condition be in- cluded that a fee will be required for use of lightinq by outside users. The Minutes of the Senior Citizens' Advisory Council Meeting of September 21, 1982, were noted. The Summary of Monthly Reports of September 1982 was noted and discussed. City Administrator Wood presented an application for a rehabilitation loan to a City employee. Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that no objection is had on a rehabilitation loan for a City employee as presented. Councilman Taylor left the Council Chambers during discussion and action on this matter and returned during the next item of business. City Administrator Wood presented a recommendation on manning a new aerial fire unit, further explaining same. Mr. Steve Blatt-Covington, President of the Fire Association, addressed the Council recommending that the Fire Chief's recommendation to hire (3) new personnel for manninq the subject fire unit be approved. Fire Chief Brittain addressed the Council further explaining the matter. Motion was made by Councilman Link seconded by Councilman Taylor and not carried by the following Roll Call vote to approve the City Adminis- trator's recommendation to defer hiring additional personnel to man the new aerial fire unit, specifically Alternate "b" of the Fire Chief's Memo: Ayes: Council Members: Link, Taylor and Goodrich. Noes: Council Members: Albert, Gage, Hughan and Valdez. Mr. Dave Flores, local resident, addressed the Council and re- quested that Council endorse the recommendation to properly man the new aerial fire unit at this time. Further discussion was had by Council on the matter. Motion was made by Councilwoman Hughan to add three (3) new fire personnel to the Fire Department. Motion failed due to lack of a second. Motion was made by Councilman Gage that the new aerial fire unit remain at the fire station unless properly manned. Motion failed due to lack of a second. The Mayor requested that the matter be reagendized on the November 15, 1982, Council Agenda to allow Staff to prepare additional information for Council on the matter. plained Avenue. Gage and approved Director of Public Works-City Engineer Hansen presented and ex- a report on use of pavement undulations for speed control on Lilly Motion was mane by Councilwoman Hughan seconded by Councilman carried that undulations for speed control on Lilly Avenue be as recommended. The Mayor noted that at the Public Hearing of October 4, 1982, on Urban Service Area requests, same was closed with no Council action at that time; Council then held a Study Session with the Planning Commission and apnlicants, and Council action on the matter is now in order. Motion was made by Councilman Taylor seconded by Councilman Link and carried that Urban Service Area applications Nos. 1, 2, and 7 be ap- proved for inclusion into the Urban Service Area as recommended by the Planning Commission. Council Members Albert and Hughan voted "no" on the motion. 4808 P & R Com. Vacancies Tech.-Eng. Pas it ions Res. #82-120 re: Ambulance Fees Medevac Salary Ad- j ustments- Management Group Garlic Festival Meeti ng Bingo Permit- Sr. Housing Project ICC Meeting Adj ournment tions. Council discussed the remaining Urban Service Area applica- Motion was made by Councilman Taylor seconded by Councilman Gage and carried that the remaining Urban Service Area applications be brought back for study at the lJuly 1983 General Plan Amendment Study. The Mayor noted that he had no nominations for Parks and Rec- reation Commission vacancies and requested that anyone interested in said positions notify a Council r1ember or himself for consic1eration of said appointments. :1 ....... Additional information was noted regardin0 establishment of Technical-Engineering positions for the Department of Public Horks. rloti on was made by Councilwoman Hughan seconded by Councilwoman Al bert and failed by the following Roll Call Vote to establish Technical- Engineering positions for the Department of Public Works as recommended: Ayes: Council Members: Albert, Hughan and Goodrich. Noes: Council Members: Gage, Link, Taylor and Valdez. A Report on ambulance fees approved by the County of Santa Clara for Medevac was noted and discussed. Motion was made by Coun- cilmanGage seconded by Councilwoman Albert that the readinll of Reso- lution No. 82-120 be waived and that it be adopted aporovinq the ambu- 1 ance fees for ~ledevac as approved by the County of Santa Cl a ra pre- viously presented to Council October 18, 1982. Council Members Link and Taylor voted "no" on the motion. RESOLUTION NO. 82-120 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING THE MAXIMUM RATE SCHEDULE TO BE CHARGED BY MEDEVAC AMBULANCE WITHIN THE CITY OF GILROY. _ PASSED AND ADOPTED this 1st day of November, 1982, by the following vote: AYES: NOES: ABSENT: ~ I ...", COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, VALDEZ and GOODRICH COUNCI L MEr1BERS: LINK and TAYLOR COUNCIL MEMBERS: NONE Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried by the followin~ Roll Call vote to approve salary adjustments for the Management E~ployees approved by a majority of the Council at their October 25, 1982, Study Session: Ayes: Council ~1em- bers: Albert, Gage, Hughan, Valdez and Goodrich. Noes: Council Members Li nk and Taylor. The Mayor noted that the salary adjustments for all Management Personnel include a 5% increase over and above their present salary and that the Commanders' salary increase be brought up to a full 5%, noting that previous action did not amount to a full 5%. Councilwoman Hughan invited interested persons to the Garlic Festival Board of Directors Evaluation Meeting November 3, 1982, at 8:00 p.m. at the Old Gilroy Hotel. City Administrator Hood presented a request of the Senior Housing Project at Third Street and Wren Avenue for waiver of their Bingo Permit fee. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Bingo Permit fee be waived for the Senior Housing Project on Third Street and Wren Avenue. ~ I ....... The Mayor noted the Novenber 11, 1982, Inter-City Council Meeting to be hosted by the City of Santa Clara, requesting that reser- vations for same be given to the City Clerk. At 11:11 p.m., the Mayor adjourned the meeting. Respectfully submitted, .J UA QWv.V t J L;;;::::.Jr- / City Clerk ~~