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Minutes 1983/07/05 4894 Roll Call Consent Calendar Minutes Ord. #83-8 J.Filice,et al Prezoning July 5, 1983 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: Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr. and Norman B. Goodrich. Absent: Council Member: Sharon A. Albert. Motion was made by Council~an Link seconded by Councilman Valdez that the following items under the Consent Calendar be aoproved by the fOllowing Roll Call Vote: Ayes: Council Members: Gage, Hughan, Link, Taylor, Valdez and Goodrich. Absent: Council Member Albert. Approved the Minutes of the Regular Council Meeting of June 20, 1983; Adopted Ordinance No. 83-8 prezoning approximately 205 acres to Rl (Single Family) District, John Filice, et al, applicant, located on both sides of Morey Avenue, both sides of Kern Avenue, north of First Street and south of Day Road. ORDINANCE NO. 83-8 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING APPROXIMATELY 205 ACRES ADJOINING THE CITY OF GILROY ON BOTH SIDES OF MOREY AVENUE, BOTH SIDES OF KERN AVENUE, NORTH OF FIRST STREET AND SOUTH OF DAY ROAD, AS Rl (SINGLE FAMILY RESIDENCE). PASSED AND ADOPTED this 5th day of July, 1983, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS~ NONE ABSENT: COUNCIL MEMBER: ALBERT; Damage Claim- D. Emett Budget Amend. Las Animas Tech. Pk. Change Order Sale of Un- claimed Guns . ""... ! i ..... Minutes Bi ds-Mon i tor- in g \~e 11 s Drilling Pub.Hear. re: Pub.Wks. Fees ,*,.,..~ Res. #83-51 Pub. Hear. re: Neg. Decl. Sewer Pond Proj. ... ..... 4895 Denied a damage claim of Donald Emett; Approved a request to amend the 1983-84 Budget (6044); Approved Contract Change Order No. 3 for Las Animas Technology Park as recommended; Authorized sale of unclaimed guns to licenserl gun dealers as reques ted; and Approved the Minutes of the Adjourned Regular Council Meeting of June 27, 1983. Director of Public Works-City Engineer Hansen, presented and ex- plained a report of birls received for Monitoring Wells Drilling for the Agricultural Sewer Disposal Pond area recommending award of same to Terra Tech, Inc. in the amount of $9,960.00 to. include the required budget amendment. Motion was made by Councilwoman Hughan seconded by Councilman Link and carried that Terra Tech, Inc. be awarded the bid for Monitorina Wells Drilling for the Agricultural Sewer Disposal Pond area in the amount of $9,960.00 as recommended, to include the required budget amendment for same. The Mayor stated that it was the time and place scheduled for the Public Hearing to consider amending the Department of Public Works' Fees. Director of Public Works-City Engineer Hansen explained the proposed amended fees. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposed fees. There was no comment from anyone in the audience. Motion was made by Councilwoman Hughan seconded by Councilman Valdez and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 83-51 be waived and that it be adopted. RESOLUTION NO. 83-51 A RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADJUSTING FEES FOR THE DEVELOPMENT OF PROPERTY IN ACCORDANCE WITH THE CONSTRUCTION COST INDEX. PASSED AND ADOPTED this 5th day of July, 1983, by the following vote: AYES: COUNCI L MEMBERS: GAGE, HUGHAN, LI NK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT The Mayor stated that it was the, time and place scheduled for a Public Hearing to consider approval of a Negative Declaration for purchase and development of the 1983 Sewage Percolation Pond Project. Planning Director Dorn oresented and explained the Staff Report. City Administrator Protempore Reinsch noted that purchase of the Obata Property for the subject oroject best fits the requirements of the Water Quality Control Board. The Mayor asked if there was anyone present in the audience wishing to speak for or against the proposal. Mr. Bruce Tichinin, attorney, 17575 Monterey Road, Morgan Hill, representing property owners in the area, specifically, Frank LaMacchia, G. Filice, Partnership of Denise & Filice, Louise Rossi, Joe Rizzutto and Ra 1 ph Santos, addressed the Council reauesti ng continuance of thi s Publ i c Hearing noting that an Environmental Impact Report is required for this project. Motion was made by Councilman Link seconded by Councilman Gage and carried that the request for continuance of the Public Hearing be denied. 48'96 Mr. Tichinin addressed the Council further requesting that Council require preparation of an EIR for this project, orepare a General Plan change if the Obata Property is desired for this project, and allow his clients to speak on alternate oroposals. The Mayor asked if there was anyone further in the audience wishing to speak on the matter. Discussion was had regarding the ,General Plan further explained by Planning Director Dorn. The Mayor asked if there was anyone further in the audience wi shi ng to speak on the 'matter. There was no comment from anyone in the audience. """"" - Motion was made by Councilman Lihk seconded by Councilman Taylor and carried that the Public Hearing be closed. ..... ..... Di rector of Pub 1 i'c \~orks-City Engi neer Hansen requested authori- zation to advertise for bids for the project at an adjourned regular Council Meeting of July 28, 1983. Motion was made by Councilman Link seconded by Councilman Gage and carried that Staff be authorized to advertise bids for the Muni- cipal Wastewater Ponds Expansion Project for 10:00 a.m. on July 28, 1983, and agreed to adjourn to a Council Meeting July 28, 1983, at 2:00 p.m. to award said bid. The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda: There was no com- ment,from anyone in the audience. S. V. Properti es 1\ reClllest of SV Pronerti es 82 for a tef11Dorp.ry office trai 1 er .on '82 Temp. Kern Avenue was noted. Motion was made by Councilwoman Hughan seconded Trailer by Councilman Gage and carrierl that SV Properties '82 be granted a Permit temporary office trailer oermit for Kern,Avenue expiring July 5, 1984, as requested. TURN re: Request for Ci ty Funds City Administrator Protempore Reinsch presented a request from Toward Uti 1 i ty Rate Norma li zati on (TURN) for City.funds recommendi nq tabling action on same. ....... - Motion was mane by Councilman Taylor seconded by Councilman Link and carried that the request of TURN organization for City funds be tablsed as recommended. BASS re: Bldg. Applies. Planning Director Dorn presented recommendations from the Build- inq Application Simolification and Standardization Task Force (BASS) further explaininq same. Mr. Mike Sheehy, Ruth & Going, representing the Committee, ad- dressed the Council requesting a formal reply by Council to the Inter- Governmental Council. ~ Prevail ing Wages -- P & R Com. 6/21/83 Redevelopment Agency Ord. State Summer Forestry Grant ....... Res. #83-52 ...... -- Nomin. Papers Muni . Candi- dates-Ord. #83-9 4897 Motion was made by Councilman Taylor seconded by Councilman Link and carried that Staff's recommendations an~ comments be approved regarding Building Application Simplification and Standardization and that IGC be informed of the manner in which the City is complying with their recommenda- tions with further elaboration on Item No.6, as the City takes action on the orooosed new Zoning Ordinance and more accurate resonse to Item No. 8b. The following informational item was noted with no separate discus- sion on same: League of California Cities thanking the City for heloing to defeat AB 223 re: "Prevailing Wages" in Public Works Contracts. The Minutes of the Parks and Recreation Commission Meeting of June 21, 1983, was noted. The Minutes of the Senior Citizens' Advisory Council Meeting of May, 1983, was noted. City Administrator Protempore Reinsch presented a prooosed ordinance establishing a Redevelopment Agency further explaining same. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the p~oDosed Redevelopment Agency Ordinance be introduced. Moti on was made by Council man Taylor seconrled by Council man Gage and carried that Staff be authorized to obtain orofessional assistance to determine study and project areas as recommended. City Administrator Protempore Reinsch presented a recommendation to approve a $20,000.00 State Summer Forestry Grant. Discussion was had on the matter by Council. Parks and Recreation Director Ayer explained the Staff proposal for said grant funds. Councilman Valdez requested that it be made a part of the record that he encourages any employment ventures on behalf of this Council. Director of Parks and Recreation Ayer noted that the City can shift their emphasis from Tree Survey8ing to Tree Planting or to additional root pruning or to clearing and planting Uvas Park Preserve and Uvas Creek as long as it's within the scope of the grant that was originally proposed. Further discussion was had by Council on the matter. Councilwoman Hughan recommended that the Director of Parks and Recreation b~ authorized t6 sne~d the grant 'fuQds the best way to benefit his department. . , I,. ' . . . , I Motion was made by Councilwoman Hughan seconded by Councilman Link that the reading of Resolution No. 83-52 be waived and that it be adopted authorizing approval of the $20,000.00 Summer Forestry Grant as oresented. RESOLUTION .NO. 83-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING A SUMMER FORESTRY GRANT FRm1 THE STATE OF CALIFORNIA. ;.' PASSED AND ADOPTED this 5th day o-f July, 1983, by the.following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT The City Attorney presented an emergency ordinance changing municipal candidates I nomination period for City elected officials to coincide with the School District nominatio~ period subject to signing of AB 1956 by the Governor; same being an emergency measure~ Moti on was made by Councilwoman Huqhan seconded by Councilman Link that the reading of Ordinance No. 83-9 be waived and that it be adopted. 4,898 Legal Serv.- Whitmore & Kay Li cens i ng Aucti oneers Ga vil an College Softba 11 Field So. Co. Sol i d Waste Dis- posal Pro- posals Agreement - St. Repai rs re :Bus Stops Haz. Materi als Storage Permit ORDINANCE NO. 83-9 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GILROY CHANGING MUNICIPAL CANDIDATES. NOMINATION PERIOD FOR CITY ELECTED OFFICIALS TO CONFORM TO THE SCHOOL DISTRICT NOMINATION PERIOD SUBJECT TO THE PASSAGE OF ASSEMBLY BILL 1956. PASSED AND ADOPTED this 5th day of July, 1983, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT ~ City Administrator Protempore Reinsch Dresented a recommendation to approve renewal of the leqal services contract with Whitmore & K~y. ... Motion was made by Councilman Link seconded by Councilman Taylor and carried that the legal services contract with Whitmore & Kay be renewed as recommended. The City Attorney oresented a recommendation to repeal City Code Section 13.40(4) pertaining to licensing of auctioneers due to the same being licensed and regulated by the Board of Governors of the California Auctioneer Commission. Motion was made by Councilwoman Hu~han seconded by Councilman Taylor and carried that the reading of the ordinance be introduced and published by title and summary repealing City Code Section 13.40(4) pertaining to licensing. of auctioneers in the City of Gilroy. An agreement on the construction and use of the Gavilan Col- lege Softball Field was presented with an amendment to Page 3. Motion was made by Councilwoman Hughan seconded by Councilman Gage a'nd carried that the Agreement with Gavilan College for the Softball Field construction and use be anoroved and authorization for executing same as presented. - City Administrator Protempore Reinsch presented a renort on Solid Waste Disposal Proposals for South County and a letter from Matteoni & Saxe/Lawyers regarding an amendment to Chapter 9 of the Solid Waste Management Plan for Santa Clara County to include Kirby Canyon of San Jose. ....- Mr. Peter Hugg, Director of Reqion Development Waste Management, addressed the Council further explainina same. Motion was made by Councilman Link seconded by ,Councilman Gage and carried that action be tabled on same to await receipt of the EI R. Director of Public Works-City Engineer Hansen presented a Coop- erative Agreement wi th the County of Santa Cl ara for street repai rs near bus stops in the City noting that the County has agreed to con- tributing $15,000.00 toward said project. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Cooperative Agreement with the County of Santa Clara be approved as presented for street repairs near bus stops in the Ci ty. ....... Fire Chief Brittain presented a report on Hazardous Materials Storage Permi t. Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 83-53 be waived and that it be adopted establishing fees and guidelines as oresented, noting same would apply to new installations July 20, 1983 (effective date of the Hazardous Materials Ordinance) and existing tanks apoly July 1, 1984. -~ ""... I .... Jr. Powers Agree.Amend. Reg. Hater Qua 1 ity Contr.Brd. ~.. - City Equip. ICC Meeting __ Adjournment ..... 4899 RESOLUTION NO. 83-53 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING GUIDELINES AND FEES FOR THE ADMINISTRATION OF THE HAZARDOUS MATERIALS STORAGE ORDINANCE IN THE CITY OF GILROY. PASSED AND ADOPTED this 5th day of July, 1983, by the following vote: AYES: COUNCIL MEMBERS: GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBER: ALBERT City Administrator Protempore Reinsch noted that that to staff the monitoring program woul~ require one additional inspector in the Fire Department July 1, 1984. Councilman Link recommended approval of the change requested by the City of Morgan Hill to the Joint Powers Agreement to include "and with 4/5th vote", as presented. Discussion was had on the matter by Council. Motion was made by Councilman Link seconded by Councilman Gage and carried that the Joint Powers Agreement with Morgan Hill be amended as requested and presented. Councilwoman Hughan voted "no" on the motion. Councilwoman Hughan requested a written statement that will be pre- sented to the Region'al Water Quality Control Board by the City on July 15, 1983. City Administrator Protempore Reinsch presented a proposed compliance schedule to be presented to the Regional Water Quality Control Board July 15, 1983, and requested authorization to use the lie" Beds for agricultural wastewater during the summer and use of said "C" Beds for domestic wastewater only when the domestic beds cannot contain the wastewater. Director of Public Works-City Engineer Hansen requested authorization to change the bid opening date for the Sewer Project to July 28, 1983, at 10:00 a.m. with award of the contract by Council on said date at a time to be designated by Council. Motion was made by Councilman Gage seconded by. Councilman Valdez and carried that the proposed compliance schedule presented be approved to incl ude the change of bid opening for the Sewer Project to July 28, 1983, at 10:00 a.m. and award of contract at 2:00 p.m. and request authorization to use the lie" Beds for agricultural wastewater during the summer and use of sai d "e" Beds for domesti c wastewater only when the domesti c fi lter beds cannot contain the wastewater. City Administrator Protempore Reinsch presented a request to purchase a 1797 Ford L.N. 7000 truck cab and chassis with damaged van box in the amount of $9,000.00. Motion was made by Councilman Link seconded by Councilman Gage and carried that authorization be given to purchase the Chipper Truck in the amount of $9,000.00 as recommended. The Mayor noted the Inter-City Council ~1eeti ng of July 14, 1983, in Cupertino. At 10:20 p.m., the Mayor adjourned the meeting. , , .. Re;r=U4:ted. ~~ne E. Steinmet~~ City Clerk