Minutes 1983/04/18
Roll Call
--
.... Consent
Calendar
Mi n utes
Sa 1 a ry
Increases
Rezoning-
R.Barbaglia
Claim-S.C.Co.
...
Budget
Amendments
Vendor's
Wagons
Ord. #83-3
-
....
4861
April 18, 1983
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Protempore Marion T. Link at 8:00 p.m.
Present: Council Members: Sharon A. Albert, Donald F. Gage,
Roberta H. Hughan, Marion T. Link, Robert E. Taylor and Pete Valdez, Jr.
Absent: Council Member: Norman B. Goodrich.
Councilwoman Hughan requested that Item "C" be removed from the
Consent Calendar.
Motion was made by Councilman Gage seconded by Councilman Taylor
that the following items under the Consent Calendar be aoproved by the
following Roll Call Vote: Excluding Item "C" re: adoption of proposed
ordinance amending Section 15.62 of the Gilroy City Code pertaining to
Vendor's Wagons, etc.) Ayes: Council Members: Albert, Gage, Hughan, Taylor,
Valdez and Link. Absent: Council Member: Goodrich.
Approved the Minutes of the Regular Council. Meeting of April 4,
1983;
Approved the following Salary Achievement Increases for two (2)
City Employees, effective May 1, 1983: Randy Newell, Senior Custodian,
Range 28, from Step A, $1,464 to Step B, $1,537; and Art Duenas, Waste-
water Treatment Plant Operator I, Range 28, from Step D, $1,695 to Step C,
$1,777;
Set May 2, 1983, as a Public Hearing date on a rezoning request of
Randy Barbaglia, applicant, from R2 (Tw-Family) District to R3 (Low-Density
Multiple-Family) District on aoproximately 1.57 acres located north of
Royal Way, east of Filbro Drive and west of Imperial Drive;
Denied a claim from Santa Clara County for apportionment of fault
and indemnification; and
Approved a request to amend the 1982-1983 budget (0700; 1400; 0900;
6050; 3500; 3910; Rev.: 1300; 0500; 0100).
Councilwoman Hughan recommended that the proposed ordi nance amendi ng
Section 15.62 of the City Code re: Vendor's Wagons, etc., be rewritten to
allow the City Administrator to deny apolications of Vendor's Wagon oermits.
Discussion was had by Council.
Mr. Herman Garcia, owner of Garcia's Restaurant, addressed the
Council requesting that an ordinance be ~dopted pro~~biting vendor's wagons
operation between Sixth and Tenth Streets on Monterey Street. He presented
a petition signed ~y Hoffman & Associates objecting to issuance of vendor
wagon permits to operate on Monterey Street.
Councilwoman Hughan reco~mended that the proposed ordinance be
tabled in order to allow additional time to rewrite the ordinance to pro-
vide for the City Administrator to withhold issuance of a vendor's wagon
permit at his discretion.
Discussion was had by Council. Councilwoman Hughan withdrew her
recommendation. Motion was made by Councilman Gage seconded by Councilman
Taylor that Ordinance No. 83-3 be adopted as presented.
ORDINANCE NO. 83-3
AN ORDINANCE OF THE CITY OF GILROY AMENDING SECTION 15.62 OF THE GILROY
CITY CODE PERTAINING TO PERMITS FOR VENDOR I'S WAGONS.. ,
PASSED AND ADOPTED thi s 18th day of April, 1983, by the fo 11 owi ng vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and LINK
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMB~~: GOODRICH
Councilman Taylor recommended '~hat the Police Chief confer with the
City Attorney to consider revocation of a business license owner receiving
repeated citations.
4862
City
Auction
Puh. Hearing
re: J. Castle
Res. #83-34
Pub. Hear. re:
E. 9th St.
Assmt. Dist.
Pub. Hear. re:
Hazardous
MaterialsOrd.
A report on the City Aucti on, April 9, 1983, was noted. City
Administrator Wood recommended sale of the 1965 Wayne Street Sweeoer
to Certified Eggs in the amount of $400 noting that the City had
previously set a minimum bid of $600.
Motion was made by Councilman Gage seconded by Councilwoman
Hughan and carried that authorization be given to sell the 1965 Wayne
Street Sweeper to Certified Eggs in the amount of $400 as recommended.
The Mayor Protempore noted that it was the time and place sche-
duled for a hearing on an appeal of Jamie Castle on the Planning Com-
mission's denial January 6, 1983, of a variance request for reduction
of setbacks at 7491 Crawford Drive, north of Carla Way.
Planning Director Dorn Dresented and 'explained the Staff Report.
.....
I
.....
The Mayor Protempore asked if there was anyone in the audience
wishing to speak on the matter.
Mr. Jaime Castle, applicant, addressed the Council and presented
Council with fourteen (14) sianatures in the immediate area concurring
with allowance of setback requirements from 20 ft. to 16 ft., 6 inches
to allow an existing plant trellis to remain.
The Mayor Protempore asked if there was anyone further in the
audience wishing to sneak on the matter.
Mr. George Vaughan, 7490 Crawford Drive, addressed the Council
and noted that he has a similar trellis on his property and was not
aware of the setback requi rements.
Motion was made by Councilman Taylor seconded by Councilman
Valdez and carried that the Public Hearing be closed.
Motion was made by Councilman Taylor seconded by Councilman
Valdez that the reading of Resolution No. 83-34 be waived and that it
be adopted allowing the existing plant trellis at 7491 Crawford Drive.
.....,
RESOLUTION NO. 83-34
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY DISAPPROVING THE
PLANNING COMMISSION'S DECISION BY ALLOWING A VARIANCE OF SETBACK RE-
QUIREMENTS AT 7491 CRAWFORD DRIVE.
PASSED AND ADOPTED this 18th day of April, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HGUHAN, TAYLOR, VALDEZ and
LINK
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: GOODRICH
-
The City Attorney advised Mr. George Vaughan that he should
apply for a variance for his existinq plant trellis.
The Mayor Protempore noted that the Council discussion follow-
ing the close of the Public Hearing on East Ninth Street et al Assess-
ment District 1983-1 was scheduled for this meeting.
Director of Public Works-City Engineer Hansen oresented a report
further explaining that Staff requires additional time to present
alternate proposals for the rroposed district.
Council noted that they would adjourn this meeting to 4:00
o'clock p.m. on Friday, April 22, 1983, to discuss same.
-
-
The Mayor Protempore noted that this was the time and place
scheduled for a Public Hearing on the prooosed Hazardous Waste (Mater-
ials) Ordinance.
Fire Chief Brittain further reported on same.
City Administrator Wood noted that most cities in the County were
not going to act upon the proposeo ordinance until after the next regu-
larly scheduled Inter-governmental Council Meeting of May 9, 1983.
Councilwoman Hughan noted that their next meeting was scheduled for
May 5, 1983.
,....
.....
~
.....
Nuclear ~/ar
Preventi on
Month
....
....
IFDES Bull-
fight Events
4863
The Mayor Protemporeasked if there was anyone present in the
audience wishing to speak On the matter.
Mr. John O'Halloran, Manager of the Santa Clara Valley Water District,
addressed the Council recommending that Council consider the proposed ordi-
nance for adoption.
The Mayor Protempore asked if there was anyone. further in the audi-
ence wishing to speak on the matter.
Mr. Frank F. Fossati, representative of Shell Oil Comoany, Anaheim,
local office in San Bruno, addressed the Council and noted that the second-
ary containment tank is unreasonable and his company is opposed to this
restriction. He further requested that the City continue adoption of the
proposed ordinance until the Inter-governmental Council Tas Force studies
the petroleum issue. He further presented his formal l1resentation to the
City Clerk.
Ms. Susan Voss, Gavilan vlater Conservation District, addressed the
Council supporting the proposed Hazardous Materials Drdinance.
Mr. Joe Blaettler, local distributor, addressed the Council object-
ing to the secondary containment tank restriction for farmers with tanks
under 1,000 gallons.
Moti on was made by Councilwoman Hughan seconded by Councilman Gage
and carried that the Public Hearing be continued to the May 16, 1983,
regular Council Meeting.
Motion was made by Councilwonan Hughan seconded by Councilwoman
Albert and withdrawn to approve the Hazardous Materials Ordinance in
principle and direct Staff to apply these restrictions and requirements
in the issuance of oermits for new installations.
Motion was made py Councilwoman Hughan seconded by Councilwoman
Albert and carried that the City of Gilroy approves the Hazardous Materials
Ordinance in principle and concept.
Motion was made by Councilman Ga~e seconded by Councilman Valdez and
carried that a letter be forwarded to the Intergovernmental Council inform-
ing them that the City of Gilroy.supports the Hazardous Materials Model
Ordinance.
Discussion was had reqarctinq new permits for installation of
petroleum tanks. Motion was made by Councilwoman Albert seconded by
Councilman Gage and carried that any new permits for installation of
petroleum tanks be presented to Council for approval.
Di rector of Publ i c ~'orks-City EWlineer Hansen noted that there is
presently a permit being processed for installation of a petroleum tank
and requested that same be aoproved by Council for issuance.
Council requested that plans ,be presented to them at their next
regular Council Meeting for consirleration.
Ms. Lora Lucero addressed the Council requesting a proclamation by
Council endorsing the month of May 1983 as Nuclear War Prevention Month.
Motion was made by Councilwoman Albert seconded by Councilwoman
Hughan and carried that the Month of May 1983 be oroclaimed Nuclear War
Prevention Month and that the Mayor Protempore issue same.
The Mayor Protempore asked if there was anyone present in the
audience wishing to address the Council on any item not on the agenda.
There was no comment from anyone in the audience.
A request of the IFDES lodge was noted for a license to sponsor
bloodless bullfight events on May 7 and 14, 1983, regarding their annual
celebration.
Police Chief Cowart noted that he had no objection to this request.
4864
Postal
Un i ts
Bonanza Days
Event
Res. #83-35
A. B. 1216 re:
Lab. Analysis
Co s ts
G. Coats- re:
Waiver, Old
Quad Mora-
torium
Motion was made by Coun~il~omanAlbert $econded by Councilman
Gage that the IFDES be grant~d oe~mission to. sponsor bloodless bull-
fight events on May 7 and 14~ 1983, in conjunttion with their annual
celebration.
Discussion was had by Council on the matter.
Mr. Al Pinheiro, Bullfighting Committee Chairman, addressed
the Council further explaining said events and invited Council to
attend.
The above motion carried. Councilman Taylor voted "no" on the ,"""
motion.
'.....
The Mayor Protempore deviated from the regular anenda in order
to accommodate interested persons in the audience.
Director of Public Works-City Engineer Hansen oresented and
explained a report on neighborhood Dostal delivery and collection
box units.
Ms. Kay Huckleberry, U. S. Post' Office, San Jose, addressed the
Council further explaininn the prooosal.
Motion was made by Councilman Taylor seconded by Councilman
Gage and carried that the City approves the oroposal in concept noting
that it would be the decision of the developer whether they desired
these units or not, further that same ~ust be aoproved ~y the Planning
Department and the Denartment of Public Works orior to installation
of same. Council MeP.1bers Albert and Valdez voted "no" on the motion.
A request of the Bonanza Day Committee was noted for thei r
annual celebration events.
,Motion was made by Councilman Gage seconded by Councilwoman
Albert and carried that the request of the Bonanza Day Conrnittee be ......
approved for their annual celebration and that the reading of Resolution
No. 83-35 be waived and that it be adopted, required for the parade __
route on State Highway Route 152 - First Street.
RESOLUTION NO. 83-35
RESOLUTION OF THE CITY COUNCIL RE~UESTING APPROVAL OF THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, DIVISION OF HIGHWAYS, TO
PERMIT A PARADE WITHIN THE CITY OF GILROY.
PASSED AND ADOPTED this 18th day of April, 1983, by the fOllowinQ vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, TAYLOR, VALDEZ and
LINK
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEM,BER: GOODRICH
A letter from the City of Milpitas in re: to A.B. 1216, Cort~se,
Reimbursements of Defendant Laboratory Analysis Costs, was noted anQ
further explained by City Administrator Wood recommending payment of
bills on actual costs of the County for laboratory costs.
.Motion was made by Councilwoman Hughan seconded by Councilman
Gage and carried that authorization be given to pay the bills on
actual costs of the County for laboratory costs as recommended.
~
"
A request of Geary Coats for exemption from provisions of the
Old Quad Moratorium was noted and further explained by Plannin9 Direc-
tor Dorn.
-
Mr. Geary Coats addressed the Council further explaining th~
request.
Motion was made by Councilwoman Hughan seconded by Councilman
Gage and carried that the request of Mr. Geary Coats for exemption from
provisions of the Old Quad Moratorium be approved for two (2) units on
the 8,000 sq. ft. lot and three (3) units on the 11,600 sq. ft. lot.
The following informational items were noted with no separate
discussion on same:
Plan. Com.
4/7/83
...
Entryway Sign
...
Kern Ave.
Study
lK">;\'hot
--
4865
Letters from Senator Alquist, Assemblymen Areias and McAllister
in re:to AB 543, Agricultural Labor Relations Act; and
Copy of AB 897, Benefit Assessments.
The Report of the Planning Commission Meeting of April 7, 1983, was
note d.
Planning Director Dorn presented a request for an entryway sign
at the north entrance to the ~ity.
Motion was made by Councilwoman Albert that the request for the
entryway sign proposed for the north entrance to the City be denied. The
motion died for lack of a second.
Motion was made by Councilman Valdez seconded by Council~an Gage
and carried that the request for an entryway siqn at the north entrance
to the City be aoproved as oresented. Councilwoman Albert voted "no" on
the motion.
Planning Director Dorn ~~esented a~d exolained the oroposed Kern
Avenue Study, prepared by the Planning Commission.
Mr. Bruce Rowlison, 9005 Kern Avenue, addressed the Council objecting
to the Kern Avenue StudY as Dresenterl and the. chanqes to the Master Plan.
Mr. Richard Eckhart, 9045 Kern Avenue, addressed the Council re-
presenting 40 to 50 homeowners ih the area, noting that they are in accord
with the proposed Kern Avenue Study as presented.
Ms. Kay t1ani na, 9035' Kern Avenue, addressed the Council noting that
she desires the country atmosohere on Kern Avenue.
Discussion was had by Council on the matter.
Motion was made by Councilwoman Hughan seconded by Councilman Gage
and carried that the Kern Avenue Study be referred back to Staff in order
to attempt to present a proposal that would be workable for the Rowlison
property.
Lib. & Cult. Com. The Minutes of the Library and Culture Commission Meeting of March
3-8-83 8, 1983, were noted.
Personnel Com.
4-11-83
Quarterly
Financial
Report
Ci ty Admi n .
Protempore
Appointment
....
.....
Garden Valley
Foods - 9th
St.
Discussion was had on the matter of the roof repair project at the
Gilroy Public Library.
The Report of the Personnel Commission Meeting of April 11, 1983,
was noted.
The Quarterly Financial Report ending March 31, 1983, was noted.
Motion was m'ade by Councilwoman Hughan seconded by Councilman Gage
and carried that Cecil A. Reinsch be appointed City Administrator Protempore,
effective April 26, 1983, and that William E. Ayer, Parks and Recreation
Director, be appointed City Administrator Protempore in Mr. Reinsch's ab-
sence, as recommended.
Motion was made by Councilman Taylor seconded by Councilman Gage
and carried that the City Administrator Protempore's salary be commensur-
ante with the present City Administrator's position during his tenure.
It was noted by Staff that approximately 180 applications had been
received for the City Administrator position.
A report of the Planning and Parks & Recreation Commissions regard-
ing Garden Valley Foods was noted requesting utilization of Ninth Street
Southern Pacific Land.
A report on the appraisal of Ninth Street lands was also noted.
A letter from P. G. & E. was noted objecting to any building on the
public service easement.
1
4866
Ci tyjSchool
L i ai son Com.
Kern Ave: Si te
..
: Mr. John Filice, representing 'Garden Valley Foods, addressed
the Council noting that. he was, aware of this objection and that same
had been worked out. He further exolained their proposal.
Motion was made by Councilman Taylor seconded by Councilman
Gage and carried that Staff be authorized to oroceed with negotiations
as recommended provided that no development be approved that would
interfere with the future park or commercial uses of this land.
Council t~embers Albert and Hughan voted "no" on the motion. The Mayor
Protempore further called for a Roll Call Vote on the motion: Ayes:
Council Members: Gage, Taylor, Valdez and Link. Noes: Council Mem-
bers: Albert and Hughan. Absent: Council Member: Goodrich.
City Administrator Wood reported on a Council/School Liaison
Committee Meeting and recommendation on the Kern Avenue School-Park
street improvements.
Discussion was had by Council on the matter.
Mr. Rodney Kelley, Superintendent of Schools, addressed the
Council requesting the City to oarticipate with them in development
of Kern Avenue for site preparation and develooment.
Further discussion was had by Council. Motion was made by
Councilman Valdez seconded by Councilman taylor and carried that the
City be authorized to participate with park fundinq in a joint effort
for street imorovements at the Kern Avenue site in the aporoximate
amount of $13~874.63 as recommended. .
2nd Annual City/ Mayor Protempore Link noted the Second Annual City/Chamber
Chamber Lunch. Luncheon scheduled for April 26, 1983, at 11:30 a.m. at the Hecker
Pass Inn.
Adjournment
Councilwoman Albert recommended that Staff make every effort to
invite the newspaper representatives to Council Meetings, events, etc.
Cecil Reinsch expressed his appreciation for being appointep
City Administrator Protempore.
Mayor Protempore Link noted a request of Assemblyman. Areias
for a Local Government Task Force. Councilwoman Hughan noted that she
volunteered for same.
At 11:09 p.m., motion was made by Councilman Gage seconded by
Councilman Valdez and carried to adjourn to Friday, April 22, 1983,
at 4:00 p.m.
Respectfully submitted,
~~}Cld-~