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Minutes 1972/08/07 Roll Call Intra. new employees 3375 Gilroy, Cal ifornia August 7, 1972 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Gooodrich at 8:05 p.m. The Mayor noted the Consent Calendar now a part of the Agenda for approving regular routine items. All members present. The Mayor introduced new employees: C. Mel Clement, Sr. Build- ing Inspector and Donald Kludt, Police Patrolman Trainee. Retirement Gift- The Mayor presented a retirement gift to Louis Gagnebin, Senior L.Gagnebin Building Inspector. Consen t Calendar Contld Public Hear. re: Ronan Ave- S. Chestnut St. Imp. Proj. 71-1 Motion was made by Councilman Pate seconded by Councilman Batrez that the following items on the consent calendar be approved. Passed and adopted by the following roll call vote: Ayes: Council Members: Batrez, Duffin, Hughan, Pate, Silva, Stout and Goodrich; Noes: Council Members: None: Absent: Council Members: None. Consent Calendar Items: Council Minutes of the July 17, 1972, and July 31, 1972, meetings; and Denial of Personal Injury Claim of Sheri Ann Rood (minor) by Robert W. Rood, Guardian, and referral of same to the City's Insurance Carrier and City Attorney. The Mayor stated that it was the time and place scheduled for the continued public hearing on the proposed "Ronan Avenue - South Chestnut Street Project 1971-1 Assessment District.11 Mr. Phil Assaf, attorney, noted that the public hearing was officially closed at the July 17, 1972, Council Meeting; that Council- man Batrez (absent at said meeting) had subsequently listened ta the tape recording and read the minutes of the entire proceedings in regard to said Public Hearing. 3376 Pub.Hear. re: B. Morton rezoning-Kern & 1st St. The Mayor asked if there was anyone in the audience that wished to speak in regard to the July 17, 1972, Council Meeting proceedings. There was no comment from anyone in the audience. - City Administrator Wood reported on the dedication of property owners on Chestnut Street south of Tenth Street, noting that he had not received the signed agreements from the following property owners: Borelli, Fletcher and Anderson, and Brem. .... Mr. Frank Bore 11 i, Jr., addressed the Counc i 1 and noted that he would submit the signed agreement for his property upon receipt of Fletcher and Brem agreements. ~ J I ... Mr. Stuart Fletcher addressed the Counci 1 requesting that un::! er Section "all the word "industrialll be added to the agreement in regard to the 30 foot (industrial) street; that the words "sewer linell be added in addition to water main, storm drainage and (sewer line); and that Section "ell be added whereby the City at no expense to adjoining property owners shall maintain Banes Lane in a permanent and proper condition. Discussion was had in regard to the terminology of the request to add Section "elll. It was noted by Mr. Assaf that the wCTrding of said request could be that the "Grantee agrees to maintain a 12 foot section of Banes Lane. Mr. Fletcher concurred with the City Adminis- trator's and Director of Public Works' suggestion of wording this clause of said Agreement. Mr. Fletcher also requested that said Deed be a "Gift Deed." Mr. Fletcher noted that the City could obtain Helene Anderson's signature by mailing same to Berkeley. Staff noted that the City could physically take the agreement to Berkeley and obtain her signature in order to assure receipt of same by the next Council Meeting. Mr. Fletcher noted that Sarah Brem indicated that she would sign the agreement on the basis that she would not dedicate any addi- tional lands in the future for the 86 foot right of way. It was also noted that Mrs. Brem was not present at this meeting. Mr. Phil Assaf recommended that the Council continue to take the matter under consideration at an adjourned Council Meeting in order ~ to attempt to obtain the required deeds for right of way purposes of I I said proposed Improvement District. Motion was made by Councilman ~ Duffin seconded by Councilman Hughan and carried that the matter be continued under consideration at an adjourned Council Meeting of August 14, 1972, at 7:00 p.m. in order to obtain the required deeds for right of way purposes of said proposed improvement district. The Mayor stated that it was the time and place schew led for the public hearing on a rezoning request of Ben Morton from "R_111 to IIR_311 on 12+ acres and IIC_l1' on 8+ acres, total of 2011 acres located at the northwest corner of Kern Avenue and First Street. Director of Public Works-City Engineer Henry explained the proposal and noted that the Planning Commission had recommended that the zoning be granted on 2.6 acres and that the balance of this appli- cation be denied. The Mayor asked if there was anyone in the aud ience wishing to speak in regard to the proposed rezoning. Mr. E. H. Duerr, architect, addressed the Council and explained the proposed rezoning request. Discussion was had in regard to the improvements of Kern Avenue and First Street. Mr. Ben Morton addressed the Council and noted that Kern Avenue would be improved immediately and that a bond W)uld be posted for the improvement of First Street at said location, same not to be improved until construction of the secondbuilding proposed for this P.U.D. '~ ! ~ The Mayor asked if there was any further comment from anyone in the audience. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the public hearing be closed. "'-'- ... ....-.. ,...... i i ......... Res.#1665 ......... Pub.Hear. re: Prezon i ng Murray Ave.#2 ......... Intra. Ord. rezoning Murray Ave. #2 Annex. 72-3 3377 Discussion was had by Council in regard to the proposed P.U.D. for this property. The Mayor re-opened the public hearing in order to hear further comment from Mr. Morton. Mr. Ben Morton, addressed the Council and commented on his under- standing of the recommendation of the Planning Commission for the planned unit development of his property. Mr. Joe A. Filice, 7811 Filice Drive, addressed the Council and noted the reasons of "Els" Ranch Milk proposed business at this location. Mr. Gene Fachin, Realtor, addressed the Council in regard to the type of business proposed for the second 'building in this P.U.D. He noted that in the event that the proposed restaurant did not exercise their option on the property that he had a committment for a Western Good Store for said property. The City Attorney noted that Council would have the opportunity to control the architectural design on each of the proposed buildings of this P.U.D. at the time appl ication was made for the building permit. Mr. Dennis DeBell, Planning Commission representative, addressed the Council and explained the Planning Commissionls recommendation. Mr. Earl Moore, owner of Ranch Milk, addressed the Council and expressed his concern of ordering plans for his new proposed building in the event that the second building for the P.U.D. did not have an occupant for same and if the zoning was not approved for his business. He indicated that two weeks would not present a hardship for obtaining the building permit, in order for the owner to receive a committment for the construction of the second building within the P.U.D. Motion was made by Councilman Batrez seconded by Councilman Duffin and carried that the public hearing be closed. Mot i on was made by Counc i lman Duff i n seconded by Counc i lman Batrez that the reading of Resolution No. 1665 be waived and that it be adopted, granting the rezoning request on the 2.6 acres under Section 49 and denying the balance of said application provided that both buildings proposed be constructed simultaneously. RESOLUTION NO. 1665 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEPTION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING C-l (NEIGHBORHOOD COMMERCIAL) DEVELOPMENT OF A 2.6 ACRE PORTION OF THE 20 ACRE PARCEL, MORE OR LESS, LOCATED ON TH8NORTHWEST CORNER OF KERN AVENUE AND FIRST STREET AND DENYING C-l ZONING AND R-3 ZONING OF THE REMAINING 17.4 ACRES, MORE OR LESS. PASSED AND ADOPTED this 7th day of August, 1972, by the following vote: AYES: COUNCIL MEMBERS: Batrez, Duffin, Hughan, Silva, Stout, and Goodrich COUNCIL MEMBER: Pate COUNCIL MEMBERS: None NOES: ABSENT The Mayor stated that it was the time and place scheduled for a public hearing on a prezoning request of S.S. Filice, A.J. Filice and E. J. Ereno from l-Z to R-l for property on the east side of Murray Avenue, approximately 450 feet north of Leavesley Road. Director of Public Works-City Engineer Henry explained the proposed prezoning re- quest, noting that said property was not annexed to the City and the area could be rezoned. He further noted that the matter of the tower within the cul-de-sac would be changed in order that said tower would be located in the side yard of the proposed residences. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning. There was no comment from anyone in the audience. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the public hearing be closed. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of the proposed ordinance rezoning said property be waived and that it be published by title and summary. 3378 St. Mary's Zone A request from St. Mary's Church for a zoning extension from Extn.-N/W Cor. August 2, 1972, under Section 49 from R-l to C-l for property located Wren & 1st at the northwest corner of Wren Avenue and First Street was presented. Discussion was had by Council in regard to same. Motion was made by Councilman Stout seconded by Councilman Duffin and carried that the request be denied. San Martin Vyds. A request from San Martin Vineyards Co., Inc. for a Zoning Zoning Extn. Extension from August 2, 1971 under Section 49 for C-l and R-3 develop- ment at the south side of Hecker Pass Hgihway, west of Miller Avenue. Motion was made by Councilman Duffin seconded by Councilman Stout and carried that the zoning extension request of San Martin Vineyards Co., Inc. be denied. S. Spencer Zoning Extn. CATV Rate Increase Res.#1666 Plan. Com. Childers resigns Neg.Declara- t i on re: re- surfac i ng ex i s tin g 101 S.C.Co. Plan. Po 1. Com. A request from Mr. Samuel R. Spencer for a zoning extension from February 16, 1971 under Section 49 for a P.U.D. development northerly of Gavilan College was presented. Mr. Richard Rhodes, architect, addressed the Council and ex- plained the reasons for said zoning extension request. Director of Public Works-City Engineer Henry explained the problem of not being able to furnish water to the proposed planned unit development. Mr. Samuel R. Spencer, owner, further explained the problem and the fact that he has spent in excess of $60,000 for the preliminary development of said proposal and with the understanding that there would be water available at the site. He further requested that Council grant a zoning extension for one year from the time water is available at said location. The City Attorney noted that Council could not grant an exten- sion longer than one year from this date. Motion was made by Cwncilman Pate seconded by Councilman Silva and carried that the request of Samuel R. Spencer for a zoning extenion for a Planned Unit Development no~tber- ly of Gavilan College be extended to August 7, 1973. The Mayor noted receipt of the Supplemental Report from Frank Caliri, owner of Gilroy Cable TV. Mr. Frank Caliri addressed the Council to answer any questions the Council might have in regard to said report. Motion was made by Councilman Duffin seconded by Council- man Silva that the reading of Resolution No. 1666 be waived and that it be adopted granting the requested CATV rate increase, said rate increase to become effective October 1, 1972. RESOLUTION NO. 1666 RESOLUTION AMENDING RATES AND CHARGES OF THE COMMUNITY ANTENNA TELE- VISION SYSTEM. PASSED AND ADOPTED this 7th AYES: COUNCIL MEMBERS: NOES: ABSENT: day of August, 1972, by Batrez, Duffin, Hughan, and Goodrich None None the following vote: Pate, Si lva, Stout, COUNCIL MEMBERS: COUNCIL MEMBERS: A letter from Mr. W. E. Childers resigning from the Planning Commission was presented. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that said letter be accepted with regrets. A Negative Declaration (Div. 13, State Environmental Qual ity Act) from the State Division of Highways in regard to resurfacing the exist- ing Route 101 was presented. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the City concurs with the negative declaration presented by the State Division of Highways in regard to resurfacing of existing Route 101. The Minutes of the Santa Clara County Planning Policy Committee and Airport Land Use Commission Meetings of June 22, 1972 were noted. .. - .. ..... ~ I I .. ~ .. ( !IIIIl) 11IIIII 3379 S.C.Co. Transit The Minutes of the Santa Clara County Transit Advisory Commission Dist. Adv. meeting of July 11, 1972, were noted. Com. S. C. Co. Plan. Po 1. Com. ~ S. C. Co. Trans. Com. Meet The Mini Minutes of the Santa Clara County Planning Policy Com- mittee meeting of July 27, 1972, were noted. The Mini Minutes of the Santa Clara County Transportation Com- mission meeting of July 26, 1972, were noted. Plan. Com. Report The Planning Commission reports of the July 20, 1972, and August 7/20/72 & 3, 1972, meetings were noted. Discussion was had in regard to Council 8/3/72 objection to the request for the conditional use permit to allow a Flea Market at 971 First Street. /1""".. ! ~i!fIIIIl P & R Com. Meet. 7/1 1/72 & 7/12/ 72 Pers. Com. 7/31/72 Monthly Reports Disbursements City Atty re: PERS en ro 11- ment ~ Agree. Re. Re- surfacing city streets Utility Man Promot i on Non-Assoc. Emp. Pay In- creases & benefits ~w,.r"'" Execu t i ve Session The Minutes of the Library and Culture Commission meetings of July 11, 1972, and July 12, 1972, were noted. The Report of the Personnel Commission Special Meet~g of July 31, 1972, was noted. The Summary of Monthly Reports of June, 1972, was noted. Dis- cussion was had in regard to the present levels of the city wells. The Report of Disbursements from July 1, 1972, through July 31, 1972, was noted and discussed. A report estimating the City Attorney's time in the performance of city duties to be 30% was presented for approval, same required to establish PERS (retirement program) enrollment. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that the City Attorney's estimate of 30% of his time is conducted in the performance of city duties was accepted and approved. An agreement with the County of Santa Clara was presented re- lating to resurfacing of various city streets. Motion was made by Councilman Stout seconded by Councilman Silva and carried that the agreement be approved and that the Mayor be authorized to execute same on behalf of the City. A recommendation for promotion of Albert Wilson, Utility Man 1 to Utility Man I I was presented for approval. Motion was made by Councilman Pate seconded by Councilman Duffin and carried that Albert Wilson, Utility Man I be promoted to Utility Man I I. A request from the City Administrator in regard to the pay increases and benefits recently approved for Gilroy Employee Association members was presented for extending same to cover non-association positions. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the pay increases and benefits recently ap- proved for Gilroy Employee Association members be extended to non- association positions as recommended by the City Administrator. Council concurred with City Administrator Wood's request for an Executive Session following the meeting to discuss the city pay plan for several employee positions. Council deferred approval of the resolution allocating the various employee classifications to appropriate Ranges following the executive session of the Council. %- s.~J!., JlIJ.'j-C -3:S.fo 6-,'~' iJ/;l-~~(. i" ff 9~'{'0' ..;. (><<-f~ (i.....,)n, - (Jeku~~:-t n~7 Budget Amend. City Administrator Wood requested a 1971-72 budget amendment in 1971-72 the amount of $1,118.00 to increase the following accounts: 8B17 - $100, 20B17 - $150, and 22B60 - $868. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the 1971-72 budget amend- ment be approved as recommended. 3380 Servo Stn. Dev. Agree- men ts St. signs Welburn Ave. Bids re: Irri- gation syst. ma te ria 1 s- N/ side Pk. Li brary 5 i te St. Paving Program Third Street Execu t i ve Session Res. #1667 ,I: Director of Public Works-City Engineer Henry presented and explained the following service station development agreements: (1) Shell Oil Co. at the southeast corner of Tenth Street and Frontage Road (&.S. 101). Motion was made by Councilman Batrez seconded by Councilman Silva and carried that said development agreement be ap- proved and the Mayor be authorized to execute same on behalf of the City; (2) Standard Oil Co. of Califom ia at the South Monterey Road Interchange. Motion was made by Councilman Silva seconded by Council- man Batrez and carried that said development agreement be approved and the Mayor be authorized to execute same on behalf of the City; (3) Standard Oil Co. of Cal if. at the northeast corner of Murray Avenue and Leavesley Road. Motion was made by Councilman Pate seconded by Council- man Silva and carried that said development agreement be approved and the Mayor be authorized to execute same on behalf of the City. .. IIIIlII .. .. Councilman Stout reported that some of the tree foliage on Welburn Avenue between Wren Avenue and Hanna Street is blocking the street signs. City Administrator Wood presented bids received for the irriga- system materials for Northside Park and recommended accepting the bid of R. V. Cloud in the amount of $33,781.60. Motion was made by Councilman Hughan seconded by Councilman Pate and carried that Bid #4 of R. V. Cloud in the amount of $33,781.60 be awarded to R. V. Cloud as recommended by the City Administrator. City Administrator Wood recommended approval of agreements for acquisition of two parcels of property belonging to Velasco for the new Library site, the 1st parcel in the amount of $17,000 and the seconde parcel in the amount of $15,000. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Agreements as presented be approved and accepted as recommended. Councilman Silva noted complaints from local residents of tractor trucks being parked in front of driver1s homes in the residential area of the City. Said matter was referred to the Chief of Police. ~ .... Councilman Batrez inquired of the eucalyptus tree problem on Church Street. Staff noted that they were investigating same. Councilman Batrez inquired if Hanna Street would be included in the City's street paving program. Director of Public Works-City Engineer Henry noted that it would be included and that Sixth Street from Eigle- berry to Princevalle Streets would also be included if possible. Councilman Hughan inquired of the condition of Third Street between Santa Theresa Drive and Westwood Drive due to the subdivision project in the area. Director of Public Works-City Engineer Henry noted that same would be repaved upon completion of this project, same to be at the developer's expense. At 11: 16 p.m., the Mayor recessed the meeting for an Executive Session. At 12:02 p.m., August 8, 1972, the Mayor reconvened the meeting. The Mayor noted a recommendation for a change in various employee posi- tions to appropriate ranges. Resolution No. 1667 allocating various employee classifications to appropriate ranges which reflects a 5% general salary increase with an additional 2t% increase to Recreation Supervisor and Parks & Recreation Director and an additional 5% increase for the following classifications: City Clerk, Director of Publ ic Works- City Engineer, and $1500 increase for the City Administrator was pre- sented. Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Resolution No. 1667 be waived and that it be adopted. .... .. ~ .. City Admin. Wood presented a request of Library & Culture Commission for Joi~t Council-Library & Culture Commission Study Session to be held on August 15, 1972 at 8:00 p.m. at the Library. Council had no objection to said meeting and requested they be notified of said meeting. Adjournment 3381 RESOLUTION NO. 1667 A RESOLUTION OF THE CITY OF GILROY ALLOCATING THE VARIOUS EMPLOYEE CLASSIFICATIONS IN THE CITY SERVICE TO APPROPRIATE RANGES. PASSED AND ADOPTED this 8th day of August, 1972, by the following vote: AYES: COUNCILMEMBERS: Batrez, Duffin, Pate, Hughan, Silva, Stout, and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None At 12:04 a.m., August 8, 1972, the Mayor adjourned the meeting to August 14, 1972, at 7:00 p.m. Respectfully submitted, A f" _.Ar---: ~~~ ,// - CitY-Cle~k