Minutes 1983/08/15
Roll Call
Consent
Calendar
Minutes
4913
August 15, 1983
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 T. Link, Robert E. Taylor, Pete Valdez, Jr. anct Norman
B. Goodrich.
Motion was made by Councilman Link seconded by Councilman Gage that
the following items under the Consent Calendar be approved by the fOllowing
Roll Call vote: Ayes: Council Members: Albert, Gage; Hughan, Link, Taylor,
Valdez and Goodrich:
Aporoved the Minutes of the Adjourned Regular Council Meeting of
July 28, 1983;
Approved the Minutes of the Reqular Council Meeting of August 1, 1983;
4914
Salary
Increases
Claims-I.
McCormik;
L & L
Properties
Ord. #83-15 re:
Zoning
Approved the fOllowing Salary Achievement Increases for seven
(7) city employees: John Marfia, Police Officer, Range 32.5 from
Step 0, $2,379 to Step E, $2,498; Terry Smith, Police Officer, Ranqe
32a from Step 0, $2,343 to Step E, $2,460; Ron Latham, Police Offi~er,
Range 32.5 from Step C, $2,266 to Step D, $2,379; Gladys Sheets, Re-
cords Clerk, Range 23.5 from Step D, $1,611 to Step E, $1,692; Helen
Lotito, Clerk Typist I, Range 22.5 from Step B, $1,180 to Steo C,
$1,238; Jeannie Jenkins, Clerk Typist I, Range 22.5 from Step C, $1,238
to Step D, $1,295; and ManueJ Brionez, Pub. Wks. Maint. I. Range 27.5
from Step C, $1,575 to Step D, $1,655; '-
Denied a Personal Injury Claim of Idella McCormick; and
J
Claim of L & L Properties, owner of above property where per-
sonal injury occurred;
Adopted new Zoning Ordinance No. 83-15.
ORDINANCE NO. 83-15
ZONING ORDINANCE. CITY OF GILROY, CALIFORNIA.
PASSED AND ADOPTED this 15th day of August, 1983,
vote:
AYES:
by the foll owing
COUNCIL MEMBERS:
HUGHAN, LINK, TAYLOR, VALD~Z
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
ALBERT, GAGE,
and GOODRI CH
NONE
NONE;
Ord. #83-16 re: Adopted Ordinance No. 83-16 enacting Sections 26.5-1 and 26.15-1
St. Trees of the Gilroy City Code pertaining to Street Trees.
C 1 a i m- F. H .
Hanisch
Bids-Equipment
Pub. Hear. re:
Easement
Vacation
ORDINANCE NO. 83-16
AN ORDINANCE OF THE CITY OF GILROY ENACTING SECTIONS 26.5-1 AND
26.15-1 OF THE GILROY CITY CODE PERTAINING TO STREET TREES.
PASSED AND ADOPTED thi s 15th day of August, 1983, by the fo 11 owi ng
vote:
AYES:
"l
I
-
COUNCIL MEMBERS:
ALBERT, GAGE,
and GOODRICH
NONE
NONE;
HUGHAN, LINK, TAYLOR, VALD~Z
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Denied a Personal Injury Claim of Frances W. Hanisch.
City Administrator Baksa presented and explained a report of
bids received for a tractor with backhoe and bucket, recommending that
all bids be rejected and call for new bids.
Motion was made by Councilrlan Taylor seconded by Councilman
Gage and carried that all bids received for the tractor with acces-
sories be rejected and that Staff be authorized to call for new bids
for said tractor with accessories as recommended.
A report of bids received for a spectrophotometer for the Waste-
water Treatment Plant was noted recommendinq award of same to Varian
Instrument Division in the amount of $21,125.74.
Motion was made by Councilman Link seconded by Councilman Val-
dez and carried that the bid of Varian Instrument Division in the
amount of $21,125.74 be awarded for the spectrophotometer for the
Wastewater Treatment Plant as recommended.
o
The Mayor stated that it was the time and place scheduled for
the Public Hearing on intent to vacate a portion of an easement adju-
cent to the easterly property boundary of Tract 3398.
Councilwoman Hughan noted a conflict of interest in the matter
and that she would not participate in the discussion or action taken.
Director of Public Works-City Engineer Hansen presented the
Staff report regarding intent to vacate a portion of an easement ad-
jacent to the easterly property boundary of Tract 3398.
Res. #83-61
,...
u
Tent. Map-
Re gen cy
Mona rch Dev.
Res. #83-62
.....~'-w
-
Res. #83-63
re :4R Inter-
state Funds
,...
I I
f i
II...
Sewer Con nec-
tion-M. H.
4915'
The Mayor asked if there was anyone present in the audience wishing
to speak on the proposal. 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.
Motion was made by Councilman Taylor seconded by Councilman Link
that the reading of Resolution No. 83-61 be waived and that it be adopted
ordering vacation of said easement.
RESOLUTION NO. 83-61
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF THE
EASTERLY 10 FEET OF A 40-FOOT NORTH-SOUTH PUBLIC UTILITY EASEMENT ADJACENT
TO THE EASTERLY BOUND,lI.RY OF TRACT #3398.
PASSED AND ADOPTED this 15th day of A,ugust, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALrE~T, GAGE, LINK, TAYLOR, VALDEZ and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER: HUGHAN
The Mayor noted that the Public Hearing on a Tentative Map request
of Regency Monarch Development had been held and closed on August 1, 1983
and Council action continued in order to redesign street pattern align-
ments, wHhin a proposed residential subdivision of 147 lots located on
the west side of Santa Teresa Boulevard, approximately 2,000 feet north of
Mantelli Drive.
Planning Director Dorn presented and explained the new street pat-
tern a 1 i gnment.
Motion was made by Councilman Link seconded by Councilman Gage that
the reading of Resolution No. 83-62 be waived and that it be adopted,
approving the Tentative Map as presented subject to conditions recom-
mended and previously presented.
RESOLUTION NO. 83-62
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING A TENTATIVE MAP
FOR 147 RESIDENTIAL LOTS ON 32.3 ACRES ON THE WEST SIDE OF SANTA TERESA
BOULEVARD, 2,000 FEET NORTH OF MATNELLl DRIVE.
PASSED AND ADOPTED this 15th day of August, 1983, by the fOllowing vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRICH
,.- h t.
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
r~otion was made by Councilman Link seconded by Councilman Taylor that
the reading of Resolution No. 83-63 be waived and that it be adopted in
support of legislation making non-chargeable Interstate Highways eligible
for 4R Repai rand Rehabil itati on Funds, requested by the County of Al ameda
Pub 1 i c Works I Agency.
RESOLUTION NO. 81-63
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY RELATED TO THE UESE OF
4R INTERSTATE FUNDS.
PASSED AND ADOPTED this 15th day of August, 1983, by the following vote:
AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ
and GOODRI CH
NOES: COUNCI L MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
A letter from the City of Hayward endorsing same was also noted.
City Administrator Baksa presented a reouest from the City of
Morgan Hill in accord with the Joint Powers Sewer Agreement requesting
a sanitary sewer connection for a residence at 17555 Condit Road, Morgan
Hill (Adolfo Pena, applicant).
Motion was made by Councilman Link seconded by Councilman Taylor
and carried that the request for a sanitary sewer connection for a resi-
dence at 17555 Condit Road, Morgan Hill, be approved.
4916
Plan. Com.
Report
8-4-83
Co. Referral s
Lib. & Cult.
Com.
6-14-83
Museum Dir.-
t1anage.
Group
The following informational items were noted with no separate
discussion on same: '
Santa Clara Valley Water District re: Water Rights Applica-
tions; and
Letter of Commendation to the Fire Department.
The Report of the Planning Commission Meeting of August 4,
1983, was noted and further explained by Planning Director Dorn.
Council reviewed A/S 83-31 Dysan Corp. & Filice Family Estates ~
further explained by Planning Director Dorn. l-J
It was noted that the Environmental Review and the impacts of
the project are similar to or less than those of AMD Project' and there-
fore recommended that those findings be aoproved so that AMD EIR would
apply to this project.
It was further noted that the applicant is requesting the PUD
design approval on the first phase as shown on the drawings for two
buildings totalling approximately 150-160,000 sq. ft.; the PUD design
approval will also cover all future building on that site UP to 1.2
million sq. ft. for both Dysan and Filice.
Moti on was made by Counci 1 man Link seconded by Council man Gage
that the Environmental Impact Report findings on AMD and Dysan Corp.
are the same and therefore aoprove AMD EIR for Dysan Corp.
Discussion was had prior to voting on the motion re: Parking.
Mr. Tony Galt, representing Dysan Corp., Santa Clara, addressed
the Council further explainin~ the parking layout proposal for this
project.
Discussion was had regarding traffic patterns, specifically, ~
through residential streets. 1
Discussion was had regarding open space designation. It was
noted by Planning Director Dorn that in three years, the applicant could
apply for rezoning of this area to any land uses designated on the
General Plan.
.....
Discussion was had regarding a Toxic Waste Ordinance referred
to in the EIR and noted that the City has a Hazardous Materials Ordi-
nance but not a Toxic Waste Ordinance.
Council voted on the motion approving the EIR findings as recom-
mended and the motion carried.
Motion was made by Councilman Link seconded by Councilman Gage
and carried by the following Roll Call Vote that A/S 83-31 Review of
Dysan Corp., be approved including the design as presented, Staff con-
ditions and the parcel map, and that Condition No.5 be amended to read:
liThe Design Guidelines and the CC & Rs, in addition to these require-
ments shall be the design criteria for the entire area of the PUD.II
Ayes: Council Members: Albert, Gage, Hughan, Link, Taylor, Valdez and
Goodrich.
Council reviewed County Referrals further explained by Planning
Di rector Dorn.
11
......
Councilman Link recommended that the County be notified that the
City objects to this type of planning in County area regarding septic
tanks and the fact that there will not be hookups to the Gilroy-Morgan
Hill Sewer Plant.
The Minutes of the Library and Culture Commission Meeting of
June 14, 1983, were noted.
City Administrator Baksa recommended addinq Mary Prien, Museum
Director, to the Management Emnloyees Group for salary and frinqe bene-
fit Meet and Confer Process.
Vehicle Code
Fines, etc.
-
i
i
....
MOU's
Closed
Session
Murray-Leaves-
ley Signal.
Temp. Trailer
Permit-Gilroy
Canning Co.
Legislature
..,'"-
-
City/School
L i ai son Com.
...
Pri soners re:
Cleaning
Parks, etc.
City Atty.
'.....
Inter-Ci ty
Council
October Coun-
cil Meeti ngs
4917
Motion was made by Councilwanan Albert seconded by Councilman Gage
and carried that 'r~ary Pt'ien, Museum D,irector, be added to the Management
Employees Group for sal ary and -fringe bene-Fit t'1eet and Confer Process as
requested.
City Administrator Baksa reported on Vehicle Code Fines and For-
feitures. He further noted that the matter would be pursued with the County
Mana~ers Association Group and Police Association Group and other cities
in the County.
Councilwoman Hughan noted that she would qet together with the City
Administrator for a letter to oresent the matter to the Inter-City Council
for their consideration.
Memorandums of Understanding from the Management Group and Confiden-
tial Group were presented. Motion was made by Councilman Link seconded
by Councilman Gage and carri ed that the Memorandums of Understandi ng from
the Management and Confidential Groups be approved as presented.
The Mayor noter. the request for a Closed Session followinn the
agenda was conducted preceding the meetinq.
City Administrator 8aksa noted that Cal-Trans has notified the City
that the Murray-Leavesley Road Traffic Siqnal installation is in order
and that written confirmation anproving same is forthcominq.
City Administrator Raksa noted that the Gilroy Canninq Company will
be placing a temporary trailer on Railroad Street for offices durinq the
cannery season. Motion was made by Councilman Gage seconded by Councilman
Link and carried that scio temporary trailer permit be aporoved through
December 31, 1983.
City Administrator Baksa noterl that letters had been sent to the
State Legislatures concerning the deflator and possibility of cutbacks on
the City's revenue from subventions.
Councilman Valdez reported on a City/School Liaison Committee Meeting
of August 4, 1983, noting the Committee's intent to proceed with Joint
Planning regarding school impaction in the City. He noted that the Com-
mittee has requested Staff to present specific recommendations on potential
funding for schools.
Councilman Gaqe suqgested projections for actual nopulation within
the schools over the next ten years.
Planning Director Dorn noted that the School District has directed
their Staff to comment in reqard to all EIR's received from the City.
Councilman Taylor urqed the School Administrators' Associations,
, Parent-Teachers' Associations, School Boards, California League of Cities,
to request State Legislators to address the situation realisticly in the
form of setting aside an Education Fund and possibly allowing local control
or establishment of a state tax that will fund schools.
Councilman Gage inquired of the status of prisoners proposed to be
used to clean public parks, etc.
City Administrator Baksa recommended that Mr. Marc Hynes, Morgan
Hill City Attorney, be Acting City Attorney to renresent the City in Bruce
Jacob's absence. Motion was made by Councilman Gage seconded by Councilman
Valdez and carried that Mr. Marc Hynes be appointed Acting City Attorney
in Bruce Jacobs' absence as recommended.
The Inter-City Council Meeting of September 8, 1983, was noted to
be hosted by the City of Gilroy at the Old Gilroy Hotel. The Mayor ur0ed
all Councilmembers to attend. Council indicated unanimous attendance for
reservations to include the City Administrator and City Clerk. Councilman
Gage requrested a reservation for his spouse.
The Mayor noted the Annual League of California Cities Conference
during the first regularly scheduled October Council Meeting.
4918
Adjournment
Equipment
..
.: Moti on was made by Council mar li nk seconded by Council man Gage
and carried that the regular Council Meeting of October 3, 1983, be
cancelled and set for October 10, 1983, as a regular Council Meeting;
noting that the Council will then meet at their reqular Council Meet-
ing on October 17, 1983.
At 9:17 p.m., motion was made by Councilman Gage seconderl by
Councilwoman Huqhan and carried that the meeting adjourn to Tuesday,
September 6, 1983, due to a legal holiday on September 5, 1983.
Mr. Doug Fick, Coastal Ford Tractor, addressed the Council
inquiring about the rejection of bids and call for new bids, noting
that their bid submitted for a tractor met or exceerled the City's
specifications, further eXPlaining same.
The Mayor noted that the bids were not completely in order at
the time the bids were submitted and Council a9reed to reject all
bi ds and' call for new bi ds.
The City Attorney noted that at the birl onenina, the specifica-
tions of the low bid were not available and it was not certain if same
met the City's snecifications.
The Mayor welcomed back tk. Bill' Glines, Mercury Newspaoer
reporter.
Resnectfully submitted,
pj~tn_.J&. d~
City Cl erk I ,/