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Minutes 1982/12/06 ~ Roll Call Employee Service Awards 4813 December 6, 1982 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:03 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion To Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. The Mayor presented Employee Service Awards to the following City Employees: Five Years: Mike Dorn, Planning Director John Garcia, Recreation Supervisor I (not present) Norman Garcia, Groundskeerer II (not present) Gayle Glines, Recreation Supervisor I Steve Morrow, Police Officer Andrew Ojeda, Public Works Maintenance I (not present) Evelyn Peterson, Account Clerk-Finance Pam Popovich, Community Services Specialist (not present) Art Rodriguez, Public Works Maintenance I (not present) Jose Rodriguez, Public Works Maintenance I (not present) Carol Sanford, Records Clerk - Police Department Ten Years: Butch Alves, Public Works Senior Maintenance Art Amaro, Fire Fighter Joe Barrientez, Public Works Maintenance II (not present) Don Kludt, Police Officer (not present) Ed Montez, Fire Engineer (not present) Morris McHenry, Fire Engineer 4,814 Consent Calendar r1i n utes Fi fteen Yea rs : Elaine Codiga, Administrative Secretary (not present) Dick Cox, Public Works Suoerintendent (not present) Jackie Martin, Account Clerk Twenty Years: Richard Lake, Police Sergeant (not present) A. Doyle Stubblefield, Police Sergeant (not nresent) Motion was made by Councilman Link seconded by Council~an Gage that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Albert, Gage, Huqhan, I Link, Taylor, Valdez and Goodrich: - Approved the Minutes of the Regular Council Meeting of November 15,1982; Pub.Hear. re: Wm. Act-Gilroy Country Cl ub Estates Res. #82-123 re: Adopted Resolution No. 82-123 supporting Water Ouality Monitor- Water Quality ing Program. Monitoring Program RESOLUTION NO. 82-123 Set December 20, 1982, as a Public Hearing date to consider cancellation of Williamson Act Contract, Gilroy Count~y Club Estates, north of Hecker Pass Highway, between Burchell Road and Morey Avenue; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY SUPPORTING WATER QUALITY MONITORING PROGRAM. PASSED AND ADOPTED this 6th day of December, 1982, by the following vote: AYES: COUNCIL MEr1BERS: ALBERT, GAGE, and GOODRICH NONE NON E ; HUGHAN, LINK, TAYLOR, VALDEZ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Res. #82-124 re: Adopted Resolution No. 82-124 establishing two (2) hour parking Parking - limitation on the north side of Tenth Street. 10th St. Girl Scouts Soliciation Bids re: Re- painting Reservoi rs A & B Fence Vari ance - RESOLUTION NO. 82-124 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DESIGNATING AMENDED PARKING TIME LIMITS ON TENTH STREET. PASSED AND ADOPTED this 6th day of December, 1982, by the following vote: AYES: COUNCI L MEr~BERS: ALBERT, GAGE, and GOODRICH NONE NONE HUGHAN, LINK, TAYLOR, VALDEZ NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Approved waiver of a business license for the Girl Scouts Goun- cil of Santa Clara County for their Annual Cookie Sale. City Administrator Wood presented a report on bids received for repainting of water stora~e reservoirs, Site A & B, recommending award of the bid to Orrell-Keefe, Inc., Oakland, in the amount of $119,227.00. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that the bid of Orrell-Keefe Inc. in the a~ount of $119,227.00 be awarded as recommended for repainting of water storage reservoir sites A & B. tfl/O"-"~ ....... The Mayor stated that it was the time and place scheduled for a hearing to consider A/S 81-33 fence variance re~uest of Carlos David for property at 5435 Nicole Way. Planning Director Darn presented and explained the Staff Report. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. 4815 Mr. George W. Grant, 5420 Nicole Way, adressed the Council opposing the variance requesting denial of same. Mr. Carlos Davis addressed the Council further explaining the need for said fence, requesting aporoval of said variance. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. -- The following addressed the Council opposing the requested fence variance: Carol Siervenii, 755 Nicole Court; Candy Costamagna, 5411 Nicole Way; Jan Edson, 775 Nicole Court; Ludo Oliviera, Nicole Court; and Keith Braughton, Nicole Court. Discussion was had by Council on the matter. Motion was made by Councilman Taylor seconded by Councilwoman Hughan and carried that the request of Carlos Davis for a fence variance at 5435 Nicole Way be denied. - I Pub. Hear. re: The Mayor stated that it was the time and place scheduled for a Weed Abate. Public Hearing on a Report and Assessment on Abatement of Weeds and Refuse. The Fire Chief's Report was noted. 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 Taylor and carried that the Public Hearing be closed. Res. #82-125 Motion was made by Councilman Link seconded by Councilman Gage that the reading of Resolution No. 82-125 be waived and that it be adopted con- firming said assessments. ~ RESOLUTION NO. 82-125 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY CONFIRMING THE REPORT OF THE CHIEF OF THE FIRE DEPARTMENT SETTING FORTH THE DESCRIPTION OF PROPERTY, THE OWNERS THEREOF, AND THE COST OF ABATING THE NUISANCE CAUSED BY THE GROWING OF WEEDS AND ACCUMULATION OF REFUSE IN THE CITY OF GILROY, AND PROVIDING THAT SUCH COSTS SHALL CONSTITUTE ASSESSMENTS AGAINST THE RESPEC- TIVE OWNERS OF LAND. PASSED AND ADOPTED this 6th day of December, 1982, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE .... Candidates re: Commission Vacancies The Mayor asked if there were any candidates present in the audience seeking appointment to City Commission vacancies wishing to speak. It was noted that the appointments would be made at the December 20, 1982, Regular Council Meeting. The following addressed the Council requesting apnointment to various Commissions: Ermelindo Puente, Joe Amelio, Michael Mayron, Anita Sciutto, Laurie Dodge - Parks and Recreation Commission; John C. Bellis, Personnel Commission; Phil Buchanan, DDs and Susan Dodd, Parks and Recreation Commis- sion. ~ The Mayor thanked the candidates for their interest. .... El Noa Noa Club re: Dance Permit The City Attorney noted that the owners of El Noa Noa Club, 7747 Monterey Street, requested time to explain measures taken to reduce the noise level at said location. Mr. Roel Olivares, owner, addressed the Council regarding the tem- porarily revoked dance permit at El Noa Noa Club and explained measures taken to reduce the noise level, specifically, installation of a sound wall and partial completion of roof insulation. Mr. Gilberto Jaso, Director of the National Office of Civil Rights, for the American GI Forum of the U. S. of America, 1666 Christopher Street, 4816 San Jose Office, addressed the Council noting that his duties are to preserve, protect and defend the U. S. Charters of Freedom for U. S. Veterans, their families and the Hispanic communities in the nation. He noted that he is present on behalf of Roel Olivares, a U. S. Veteran and George GOdinez, member of his organization, editor and publisher of El Monitor Newspaper and Press Reporter for the National Office of Civil Rights, requesting Council to reconsider the dance permit at El Noa Noa Club and gave reasons for same, noting that if the permit is denied, the owners will take legal action by appealing the denial. Ms. Anna Juanita Uraste, 500 I.O.O.F. Avenue, Apt. A, addres- sed the Council representing the youth of Gilroy, noting that El Noa Noa Club is the only place in Gilroy with culture music; that there are no fights and that it is a safe and clean place. .., ., I .... r1r. Rudy Chaure, 500 I.O.O.F. Avenue, #96, addressed the Council noting that El Noa Noa Club has first class Mexican music. Ms. Maragrita Munoz addressed the Council requesting that the dance permit be allowed to continue onerating for her children and other children in the community. Mr. Jaime Rosso addressed the Council noting support for re- opening El Noa Noa Cl ub and urged Council to allow same. Mr. Bob Redman, owner of a used car lot adjacent to El Noa Noa Club, addressed the Council requesting additional time to accumulate police reports regarding damages to his vehicles. Mrs. Alice Sousa and spouse, 7725 Eigleberry Street, addressed the Council noting concern about the noise from El Noa Noa Club and opposed the racial overtones on the matter. Mrs. Debra Goodwin Masini, 7750 Eigleber~y Street, addressed the Council noting concern about the noise factor. She noted that she is not aware of reduction in noise since the sound wall was constructed, but is concerned about the vehicles leaving the establishment at 3:00 a.m. ~ - Mr. & Mrs. Bob Weske, 7751 Eigleberry Street, addressed the Council requesting that the noise be tested at various times unknown to the owners. He noted that the noise has not been corrected for the entire block. Mr. Rich Desimone, FiTth Street resident, addressed the Council noting that this is not a racial question and that the noise should be tested before the dance permit is reinstated. Mrs. Lynn Morales, 7500 Whitehurst Road, addressed the Council noting that her parents live on Eigleberry Street and noted frequent noise at 1:00 and 2:00 a.m. She also noted that she house-sat for Patricia Howorth and that the noise is greater at that residence. Heard from Chief Building Inspector James noting that the build- ing permit for the sound wall was obtained on December 3, 1982, and that the wall meets the stability requirements but that the City has no way of measuring same for sound; that it will improve the noise to some extent. Mr. Olivares addressed the Council and noted that it is their intention to complete the roof insulation and that it is his intent to have El Noa Noa Club open on Fridays and Saturdays only until 1983. Discussion was had by Council on the matter. City Administrator Wood noted that the City would have to hire a consultant to test the noise if Council desired same. Council did not request this at this time. ~ - Motion was made by Councilman Link seconded by Councilwoman Hughan and carried that El Noa Noa Club Dance Permit be approved for reissuance on a temporary basis for thirty (30) days to allow time to prove that the noise problems have been corrected. Street Tree Notice -- ... Buildout Extensions .......... L. Howard re: Thrift Shop s.c. Valley Hater Dist. ..... ... 4817 Councilwoman Hughan complimented the young people for attending and requested their cooperation in alleviating the noise at El Noa Noa Club. The Mayor declared a recess at 9:11 p.m. and reconvened the meeting at 9:14 p.m. Councilman Link appealed the Street Tree Notice to the property owner at 7560 Hanna Street, requesting that the permit be granted for the trees selected by the property owner and that the Parks and Recreation Department encourage property owners to plant their own trees, particularly in the old quad of the City and that the Master Street Tree List be waived in these cases. Motion was made by Councilman Link seconded by Councilman Taylor to allow the requested trees to be planted at 7560 Hanna Street. The follow- ing discussion was prior to voting on the motion. City Administrator Wood recommended that the matter be referred to the Parks and Recreation Commission. Discussion was had by Council on the motion. Parks and Recreation Director Ayer further explained the matter. Motion was made by Councilwoman Albert seconded by Councilman Gage and carried that the matter be referred to the Parks and Recreation Comis- sian for their recommendation. Councilmembers Link and Taylor rescinded their previous motion. It was noted by Staff that the next regular Parks and Recreation Commission Meeting is scheduled for December 21, 1982. Requests for buildout extensions were noted and further explained by Planning Director Darn. Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the following buildout extension requests be approved: W. J. Hanna and Son re: RD 80-7 Rancho Real and RD 80-5 Mantelli Properties; Miller Management System re: r~ike Bertolone; and Chang Property, Old Gilroy Street (Apt.). Council took no action on the request of Mussallem Development Company re: Buttercup Condominiums for Phases III and IV, noted by Staff that further extensions could not be granted. A letter from Loring Howard was noted requesting permission to con- tinue his commercial use at 8877 Monterey Street for a Thrift Shop. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that a one (1) year extension be granted for said variance, noting that the new proposed zoning ordinance includes commercial use for said property. A letter from the Santa Clara Valley Water District was noted in regard to position of local origin water source. Motion was made by Coun- cilman Link seconded by Councilwoman Hughan and carried that the City sup- ports the Santa Clara Valley Water District's position of local origin water source. The following informational items were noted with no senarate dis- cussion on same: Department of Transportation approving Gilroy Bikeway Plan of October 1981; Community Seniors Club in appreciation of Fire Depart~ent's instruc- tional services; Santa Clara Intergovernmental Council in re: to Model Hazardous Waste Ordinance; Gilroy Skate Arena in appreciation of City Building Division Ser- vices; and COLAB in re: Draft of Air Quality "Compact Growth" Plan. 4818 Pl an. Com. Report 1212/82 Ko 11 Co. Monthly Reports Weed Abate. Contract The Report of the Planning Comission Meeting of December 2, 1982, was noted. A report on Koll Company regarding request to amend the San Jose General Plan was noted. It was further noted that the City of San Jose had continued the matter for six (6) months and that Koll Company had decided not to locate in San Jose. Councilwoman Albert inquired of the variance granted a church by the Planning Commission with no parking spaces. Councilwoman Hughan inquired of the Model Hazardous Waste Ordinance. City Administrator Wood noted that additional reports would .--, be presented to Council prior to submission of said orqinance. - The Summary of Monthly Reports of October 1982 was noted. City Administrator Wood rresented a recommendation to extend the Weed Abatement Contract for an additional year. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Weed Abatement Contract be extended for an additional year as recom- mended. Discussion was had on the Report of the Police Department re- garding offenses cleared. City Administrator Wood noted that 56% clearance rate is high. Mortgage Revenue City Administrator Wood presented a report in re: to 10% non- Program first homebuyers in the Mortgage Revenue Program. Motion was made by Councilman Link seconded by Councilman Tay- lor and carried that 10% non-first homebuyers in the Mortgage Revenue Program be approved and allowed. Imp. Dist. re: Kern Ave. Employee Com- mendati ons re: Recent Storm City Administrator Wood requested Council authorization to pro- ceed with an Improvement District cost feasibility study for Kern Avenue between Welburn Avenue and Ramona Way. Councilman Link requested that the east side of Kern Avenue from First Street to Welburn Avenue.be included in said study. ...... .... Motion was made by Councilman Link seconded by Councilman Gage and carried that a cost feasibility study be made as recommended for Kern Avenue Improvement District. City Administrator Wood recommended commendation of the Str~et Tree Crew, Fire Department and Public Works personnel for their efforts durinq the recent November 30, 1982, storm. The Mayor noted that he would sign letters on behalf of the Council. Councilman Link noted presentation of a Sewer Report of the Sewer Advisory Committee to each Council Member. Murray-Leavesley Discussion was had regarding signalization at r1urray Avenue and Signaliza- Leavesley Road. Staff noted that FAU Funds will be utilized; that the tion State's share will not be available until the 83-84 fiscal year. Reg. Water lution Con- trol Brd. ICC Adjournment Pol- Councilman Taylor recommended that Councilman Link be the City's selection for a Regional Water Pollution Control Board appointment. notion was made by Councilman Taylor seconded by Councilman Gage and carried that Councilman Link be the City's selection for the Regional Water Pollution Control Board vacancy and that same be directed to the appointing power. ~ - The Mayor reminded Council of the ICC-IGC Annual Dinner Dance, December 9, 1982, at Moffett Field Officers' Club. At 9:51 p.m., the Mayor adjourned the meeting. Respectfully submitted, pJJu~! ..A~