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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-~