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Minutes 1983/10/24 1 4934 Roll Call Intro. new Employees '. October 24, 1983 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:02 p.m. Present: Council Members: Sharon A. Albert, Donald F. Gage, Roberta H. Hughan, Marion T. Link, Robert E. Taylor, Pete Valdez, Jr., and Norman B. Goodrich. The Mayor noted new City Employees: Guadalupe Gutierrez and Thomas B. Cottingham, Wastewater Treatment Plant Operators I, not present for introduction, and introduced Linda C. Ozuna, Clerk-Typist, Wastewater Treatment Plant. Employee Service Award s Consent Calendar Mi n utes The Mayor presented service awards to City employees. 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; Approved the Minutes of the Regular Council Meeting of October 10, 1983; Uvas Pk. Preserve Claim-F. Bel anus 4935 Approved a Budget Amendment re: Uvas Park Preserve Master Plan as recommended; Denied a claim from California State Automobile Association re: Frederick Belanus; Ord. #83-19 re: Adopted Ordinance No. 83-19 prezoning 31.053 acres to M1 (Limited Prezoning-J. Industrial) District, J. Filice & Sons, Ltd., applicant, located on the Filice &'Sons west side of San Ysidro Avenue between Leavesley Road and Las Animas Avenue. ..... LJ Claim-E.R. Villasana Res. #83-72 3 Yr. HCD Pl an ........ I Overl ay Proj. 1983-3 St. Repairs & Bus Stop Proj. 83-2 Dev. Agree. LLazzarini .... E. 9th St. et a 1 , Assess. Dist. Minutes Bi ds-Street Sweeping Contract o Bi ds-Reroof- ing Sr. Center ORDINANCE NO. 83-19 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING A 31.053 ACRE PARCEL ADJOINING THE CITY OF GILROY ON THE WEST SIDE OF SAN YSIDRO AVENUE BETWEEN LFAVESLEY ROAD AND LAS ANIMAS AVEIWE AS M1 (LIMITED INDUSTRIAL) DISTRICT. PASSED AND ADOPTED this 24th day of October, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMRERS: NONE; Denied a personal injury claim of Edward Roman Villasana; Adopted Resolution No. 83-72 approving a three (3) year Housing Assistance Plan as presented. RESOLUTION NO. 83-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY ADOPTING A 1982-1985 HOUSING ASSISTANCE PLAN. PASSED AND ADOPTED this 24th day of October, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE; Accepted Improvements for the Overlay Project 1983-3 as recommended; Accepted the Street Repair and Bus Stop Project 1983-2 as recom- mended; Approved a Development Agreement with Ed Lazzarini for completion of Dawn Way as recommended; Approved Change Order No. 2 for East Ninth Street Et Al Assessment District as recommended; and Approved the Minutes of the Special Council Meeting of October 18, 1983. receipt of bids received for a two-year sweeping contract for city streets, recommending award of the bict of San Jose Commercial Sweepin0 for $41,175.00 per year. Motion was made by Councilman Link seconded by Councilman Gage and carried that the bid of San Jose Commercial Sweeping be awarded for city street sweeping at $41,175.00 per year, as recommended. City Administrator Baksa presented a report of bids received for reroofing the Senior Citizens' Center building recommending award of same to Central ROOfing Co., Watsonville, in the amount of $17,354.00 and request for a budget amendment in the amount of $2,354.00 to allow for said contract. Discussion was had by Council on the matter. Motion was made by Councilman Link seconded by Councilman Gage and carried that Staff investigate the possibility of delaying reroofing the Senior Citizens' Community Center Building until the Spring of 1984 to allow for readver- tising for more favorable bids and if determined that said roof must be completed this year to allow award of the bid received from Central Roofing Co. in the amount of $17,354.00 and budget amendment in the amount of $2,354.00 be allowed if the contract is awarded. 4936 Pub.Hear. re: 6th & Rail- road Prop. Con demnat ion Res. #83-73 Measure "A" re: Jail Facil ity School Impaction Fees The Mayor stated that it was the time and place scheduled for a Public Hearing on Intent to Declare Public Necessity for acquisition of property located at the southwest corner of Sixth and Railroad Streets, authorizing the City Attorney to institute suit in eminent domain. City Administrator Baksa noted correspondence from the Southern Pacific Transportation Company, property owner, and recommending pro- ceeding with eminent domain proceedings. 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. o Motion was made by Councilwoman Hughan seconded by Councilman Gage and carried that the Public Hearing be closed. Motion was made by Councilman Gage seconded by Councilwoman Hughan that the reading of Resolution No. 83-73 be waived and that it be adopted declaring the public necessity for acquisition of property located at the southwest corner of Sixth and Railroad Streets, author- izing the City Attorney to institute suit in eminent domain. RESOLUTION NO. 83-73 The Mayor asked if there was anyone present in the audience wishing to speak on any matter not on the agenda. Sig Sanchez, 286 Fifth Street, retired County Supervisor, ad- dressed the Council requesting endorsement of Measure "A" (New Jail Facility) on the November 8, 1983, Election Ballot. I I - Motion was made by Councilman Gage seconded by Councilwoman Hughan and carried that Measure "A" on the November 8, 1983, Election Ballot be endorsed by the City of Gilroy, as requested. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Mr. Dennis Murphy, 255 Victoria, and Mr. John Santillan, resi- dent of the Arcadia area, addressed the Council simultaneously noting concern about the sewage ordor in thei r area requesting Council to do " something about the matter. The Mayor asked if there was anyone further in the audience wish- ing to speak on any matter not on the agenda. There was no further comment from anyone in the audience. City Administrator Baksa presented a request of the Gilroy Uni- fied School District for Council to declare school impaction and in- crease in fees. o Ms. Joyce Flannigan, Assistant Superintendent of Schools, addres- sed the Council further explaining their request. Mr. Paul Stewart III, representing the Building Industry Associa- tion, addressed the Council questioning the necessity for an increase in school impact fees. Mr. John Locastro addressed the Council requesting investigation of the price of relocatable buildings for schools. Res. #83-74 re: Impact Fees (J Cogeneration Faci 1 i ty-Gi 1- roy Foods r \I.. Intro. Ord. Amending lItil ity Tax Recess o Li b & Cult. Com. 9/13/83 Pers. Com. 10/17/83 f Plan. Com. 10/20/83 4937 Mr. Lou Ters;ni, Citation Homes, addressed the Council objecting to the proposed increase in school impact fees. Discussion 'Was had by Council on the matter. Motion was made by Councilman Valdez seconded by Councilwoman Hughan that the reading of Resolut;on rlo. 83-74 be waived and that it be adopted approving the $1,590.97 school impaction fee as requested. RESOLUTION NO. *3-74 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING SCHOOLS OF THE GILROY UNIFIED SCHOOL DISTRICT TO BE IMPACTED AND DETERMINING FEES TO RE PAI D. PASSED AND ADOPTED this 24th day of October, 1983, by the following vote: AYES: COUNCIL MEMBERS: ALBERT, GAGE, HUGHAN, LINK, TAYLOR, VALDEZ and GOODRI CH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Councilwoman Albert requested that the City/School Liaison Committee make it their goal to work together as a forum suggested by Councilman Valdez and seek the solutions presented ~y the ~evelopers and report back to Council no later than at the end of the school year. City Administrator Baksa presented a proposal regarding a coqenera- tion facility at Gilroy Foods. Mr. George Clausen, 4515 Campisi Court, representing Gilroy Foods, addressed the Council further explaining the proposal. Mr. Bob Kraemer, Gilroy Foods, addressed the Council further ex- plaining the cogeneration facil ity reqlJestinq Council support and amend- ment to the City's Uti"lity Tax Ordinance to allow the cogeneration facility at Gi 1 roy Foods. Di scuss i on ViaS had by Council on the matter. Motion was made by Councilwoman Albert seconded by Councilman Valdez and carried that the reading of the proposed ordinance amending the Utility Tax Ot'dinance to allovl fOl~ cogeneration facilities at Gilroy Foods be waived and that it be pub1ished by title and sllmmary; The Mayor declared a recess at 9:32 p.m. and reconvened the meeting at .9:38 p.m. The following informational items were noted ~;th no separate dis- cussion on same: Santa Clara Valley Water District Ordinance No. 83-2 re: Flood Control Management; Planning Staff approvals; and Gilroy Unified School District re: City/School Continuing Liaison Efforts - County of Santa Clara-County Counsel re: School Bond Elections. The Minutes of the Libary and Culture Commission Meeting of Sep- tember 13, 1983, 'Were noted. The Report of the Personnel Commission ~leeting of October 17, 1983, was noted. The Report of the Planning Commission Meeting of October 20, 1983, was noted. Planning Director Dorn presented a report on Standard Procedure for Zoning Code Enforcement further explaining same. Motion was made by Councilman Gage seconded by Councilwoman Albert and carried that the Standard Procedure for Zoning Code Enforcement be approved as recommended. 4938 Co. Gen. Plan Amendments Design Build. Assoc.-Temp. Tr. Permit MOU - Fi re As so c . 7th & Rosanna St. Property Dev. Approval Extensions Magha ri Prop.- Sewer Connec- tion, dev. agree. Sewer Treatment Plant Discussion was had on the proposed County 1983 General Plan Amendments noting that six affect the City of Gilroy. Motion was made by Councilwoman Hughan seconded by Councilwoman Albert and carried that Staff's recommendations for the six proposed County General Plan Amendments be approved. Discussion was had on the matter of the County adhering to the pOlicy that development should not occur outside the city limits. Councilwoman Albert requested that a letter be forwarded to the County, worded in such a manner that the City strongly objects to development outside of the city limits. City Administrator Baksa presented a request from Desi~n Build 0' Associates for a temporary construction trailer to be located off-site until completion of grading required. Chief Building Inspector James further explained the request. Mr. Mike Conrotto, property owner, addressed the Council noting that the trailer will be located on-site following completion of the extensive grading required and installation of the sidewalks. Motion was made by Councilman Link seconded by Councilman Taylor and carried that a temporary construction trailer be allowed off-site requested by Design Build Associates until the grading work and side- walks are completed, not to exceed four (4) months. City Administrator Baksa presented the Memorandum of Understand- ing for the Fire Bargaining Unit. Motion was made by Councilman Link seconded by Councilman Taylor and carried that the Memorandum of Understanding for the Fire Bargain- ing Unit be approved as presented. City Administrator Baksa presented a report recommending pur- chase of property at Seventh & Rosanna Streets in the amount of $61,812.00. 11 -- Motion was made by Councilman Gage seconded by Councilman Tay- lor and carried that authorization be given to purchase the property at Seventh and Rosanna Streets in the amount of $61,812.00 as recommended. Planning Director Dorn presented and explained a recommendation for development approval extensions expiring on December 31, 1983, for a policy which would allow an additional seventy-eiqht (78) days following removal of the sewer moratorium of October 14, 1983. Motion was made by Councilman Gage seconded by Councilman Link and carried that the recommended policy be approved for development approval extensions expiring on December 31, 1983, specifically, for an additional seventy-eight (78) days following removal of the sewer moratorium of October 14, 1983. City Administrator Baksa presented a recommendation for a sewer connection for Maghari property, located outside the City Limits and requesting approval of the Development Agreement for said property. Motion was made by Councilman Link seconded by Councilman Gage and carried that the Maghari Property be allowed a sewer connection 0 subject to approval by the City of Morgan Hill and that the Develop- . ... ment Agreement for said property be approved as presented. City Administrator Baksa gave an update report on the Sewer Treatment Plant operations and recommended hiring a sub-staff, division position that would be of a sanitary tyne of engineer to perform in basically three areas: technical help at the sewer plant; pre-treat- ment program, and technical assistance for the Hazardous Materials Ordinance. He further noted that this position would be separate from the Director of Public Works and that fundina would be shared by the City of Morgan Hill for time spent on sewer treatment matters; time spent on the City's pretreatment program and hazardous materials mat- ters sould be the City's costs. He noted that favorable acceptance Quarterly Reports j RDO Amendments - Pub. Safety Impact Fees Adjournment t -. ... 4939 same to the Joint to the Ci ty of of this concept by Council would allow him to prese~t Sevier Committee for thci r approval an,d, subscCjuently, Morgan' Hi 11. Motion was made by Counci1T'la,n Gage seconded by Councilwoman Al bert and carried that the City Adrninisty'atol"s l~ecoPlrlendation be aporoved accepting his concept and authorizing pursuinq said position to oversee the sewer plant operations. City Administrator Baksa noted that the ~uarterly Reports oroposed to be presented to Council at this meeting would be presented at the next regular Council Meeting. Planning Director Dorn presented a report on proposed Residential Development Ordinance amendments further f~xplaining same. Moti on was made by Counci il-JOman I:ughan st~conded by Council man Val dez and carried that a Study Session be scheduled fallowin~l the November 8, 1983, General Municipal Election to review school impact fees and proposed residential development ordinance arrendments; vrith notification to the industries and the Planning Commission for input on same. Planning Director Dorn presented a recommendation on Public Safety Impact Fees further explaining same. Council requested that this matter be discussed at the Study Session to be scheduled after the election. Councilman Gaqe further requested Staff check with other jurisdictions to determine what fees are being initiated by industry so that this informa- tion will be available at the Study Session. At 10:36 p.m., the Mayor adjourned the meeting. Respectfully subrlitt.ed, d~~? ;d~ /- City ClerK , V'