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Minutes 1973/09/17 3496 Roll Call Intro. new emp. Consent Calendar Minutes Salary Increases Ord. #955 re: os Zone Pub.Hear. re: Free-Standing Signs Pub. Hear. Rezoning Damage Claim Petition re: Pacheco Pass Annex. 73-5 Ord. #996 September 17, 1973 G i 1 roy, Ca 1 i forn i a The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Present: Council Members: George T. Duffin, John Hughan, John E. Pate, Anthony C. Silva, David V. Stout and Norman B. Goodrich. Absent: Council Member: Dennis L. DeBell. The Mayor declared a moment of silence in memory of Police Sergeant Dan Lemos. ~ I ..... Councilman DeBell entered at 8:02 p.m. and took his seat at the Council table. The Mayor introduced the following new employees: Janet Ricca, Junior Clerk-Typist; Daniel Crumrine, Ronald Latronica and Donald Anderson, Police Patrolmen. Motion was made by Councilman Pate seconded by Councilman Silva that the following items under the Consent Calendar be approved. Passed and adopted by the following Roll Call Vote: Ayes: Council Members DeBell, Duffin, Hughan, Pate, Silva, Stout, and Goodrich. Consent Calendar Items: Minutes of the September 4, 1973, Regular Council Meeting; Approved Salary Merit Increases for the following two employees effective October 1, 1973: William Kirkpatrick, Deputy Chief, from Range 27.5 Step "D", $1,292 to Step "E", $1,357; and Peyton Parks III, Police Cadet, from Range 21 Step "B", $525 to Step "C", $552; Adopted Ordinance No. 955 Adding Section 51, Open Space Zone, to the Zoning Ordinance. -"M\ .......,. ORDINANCE NO. 955 ORDINANCE OF THE CITY OF GILROY ADOPTING SECTION 51 OF THE ZONING ORDINANCE PROVIDING FOR OPEN-SPACE ZONING. PASSED AND ADOPTED this 17th day of September, 1973, by the follcwing vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, STOUT, AND GOODRICH. NONE NONE PATE, SILVA, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Set October 1, 1973, as a public hearing on the Proposal to Amend Section 68.10 of the Zoning Ordinance re: Free Standing Signs; re: Set October 1, 1973, as a public hearing on the Proposal to Rezone from C-2 (General Commercial) to R-l (Single Family Residence) District 10.5 acres of undeveloped property for more than 3 years, lo- cated approximately 650' south of 10th Street on the west side of Monterey Street; Denied Damage Claim of Mr. S. Ashford in the amount of $75.44 and referred same to the city's insurance carrier and city attorney. ~ ...." The Mayor noted receipt of a petition from Warren L. Byers, et aI, requesting annexation of 10.218 acres of Uninhabited Territory to be known as "Pacheco Pass Annexation 73-5 to the Ci ty of Gi lr oy" located on the south side of Pacheco Pass Highway between the easterly city limits and Llagas Creek, City Administrator Wood explained the location of said proposed annexation. The City Attorney presented Ordinance No. 996 annexing said territory to the City. Motion was made by Councilman Hughan seconded by Councilman Stout that the reading of Ordinance No. 996 be waived and that it be adopted. ",.... ...., Res. #1762 Gilroy Rural Fire D i s t. ".,..... Peti tion re: Pacheco Pass Annex. 73-6 Ord. #997 ... Res. #1763 Gilroy Rural Fire Dist. "".... -- 3497 ORDINANCE NO. 996 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIG- NATED AS "PACHECO PASS ANNEXATION 73-5 TO THE CITY OF GILROylI IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 17th day of Septe~ber, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, PATE, SILVA, STOUT, and GOODRICH COUNCIL MEMBERS: NONE COUNCIL MEMBERS: NONE NOES: ABSENT: Resolution No. 1762 Removing said territory from the Gilroy Rural Fire District was presented, Motion was made by Councilman Pate seconded by Councilman Hughan that the reading of Resolution No. 1762 be waived and that it be adopted. RESOLUTION NO. 1762 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TERRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE DESIGNATION "PACHECO PASS ANNEXATION 73-5 TO THE CITY OF GILROY." PASSED AND ADOPTED this 17th day of September, 1973, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, HUGHAN, and GOODRICH None None PATE, SILVA, STOUT, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: The Mayor noted rece'ipt of a petition from Delfina S. & Juan B. Ruiz requesting annexation of 0.525 acre parc~l of Uninhabited Territory to be kn'own< as IIPacheco Pass Annexation 73-6 to the City of G i 1 roy" located on the sou th side of Pacheco 'Pass Highway between Pacheco Pass AnlJe~at ion 70-6 and Pacheco Pass Annexat ion 72-6. The City Attorney presented Ordinance No. 997 annexing said territory to the City. Motion was made by Councilman Pate seconded by Councilman Silva that the reading of Ordinance No. 997 be waived and that it be adopted. ORDINANCE NO. 997 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DES I GNATED AS "PACHECO PASS ANNEXATION 73-6 TO THE CITY OF G I LROylI IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 17th day of September, 1973, by the following vo te : AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, and GOODRICH None None HUGHAN, PATE, SILVA, STOUT, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Resolution No. 1763 removing said territory from the Gilroy Rural Fire District was presented. Motion was made by Councilman Hughan seconded by Councilman Silva that the reading of Resolution No. 1763 be waived and that it be adopted. RESOLUTION NO. 1763 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY WITHDRAWING FROM THE GILROY RURAL FIRE DISTRICT TtRRITORY THEREIN RECENTLY ANNEXED TO THE CITY OF GILROY UNDER THE ,DESIGNATION "PACHECO PASS ANNEXATION 73-6 TO THE CITY OF GILROY." PASSED AND ADOPTED this 17th day of September, 1973, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: DeBELL, DUFF IN, and GOODRICH None None HUGHAN, PATE, SILVA, STOUT, 3498 Petition re: Pistol Range Sign 0 rd. Terra Linda Sub. #5272 The Mayor noted receipt of a Petition in Opposition to constructing a police Pistol Range at the Gilroy Golf Course. Mr. William Lane addressed the Council and presented additional signatures to be included with said petition. It was noted that the petition contained approximately 410 signatures. Motion was made by Councilman Silva seconded by Councilman Stout and carried that action in regard to the Police Pistol Range be tabled to await further study and additional information in regard to the proposed Pistol Range. It was noted that the petitioners would be noti- fied of any further action proposed by Council in this regard. Mr. Greg Miller, Attorney, representing approximately 700 local merchants in opposition to the Sign Ordinance addressed the Council and requested a Council Study Session with the local merchants. Motion was made by Councilman Stout seconded by Councilman Silva and carried that a Council Study Session with the local merchants in opposition to the City's Sign Ordinance be set for September 24, 1973, at 8:00 p.m. in the Council Chambers. ..... ..... A request of Mr. Paul Gallegos to review the Development Agreement of Terra Linda Subdivision, Tract #5272 was noted. Mr. Gallegos ad- dressed the Council and requested deferment of the Development rees for Terra Linda Subdivision, Tract #5272 be denied. Dr. Carl Bozzo addressed the Council and inquired about the pro- posed CLAS Retirement Home not agendized for this meeting. Dr. Bozzo was informed that the proposed Retirement Home would be discussed under the Report of the Planning Commission. S.C.Co. Planning The following Santa Clara County referrals of Planning and Land & Land Dev. Development matters were noted: a) Dr. R. G. MacLean, Minor Land Divi- sion, File #22S73.43; b) Dr. R. G. MacLean, Minor Land Div., #22S73.44; c) Mr. R. M. Santos, Minor Land Div., #22S73.23; d) Mr. L. A. Kind, Minor Land Div., #22S73.46, e) Mr. T. R. Smith, Preliminary Map, #24S73.Z4, and f) Mr. R. Malech, Preliminary Map, #24S73.23-l. S ta te So 1 i d Waste Manage- ment & Reaov- ery Co. Hea 1 th Inspect. Fees BPW Donation S.C.Co. Trans. Com. Meet. Plan. Com. Report 9/6/73 ~ Discussion was had in regard to a County Master Plan for streets needed for Council to objectively act upon these County referrals. ~ A letter from the County of Santa Clara in regard to I'State Solid Waste Management and Recovery Study was noted. A letter from the County of Santa Clara in regard to a proposal to revise County Health Inspection Fees was noted. A donation from the Gilroy Business & Professional Women's Club in the amount of $200 for a barbecue facility at Las Animas Park was noted. Motion was made by Councilman Pate seconded by Councilman Silva and carried that said donation be accepted and that Staff thank said organization on behalf of the City. The Mini Minutes of the Santa Clara County Transportation Com- mission Meeting of August 8, 1973, were noted. .... The Report of the Planning Commission Meeting of September 6, 1973, was noted and discussed. Discussion was had in regard to the changes in layout of the C.L.A.S. Retirement Home of Madonna Development Co., Inc., to be located at the northwest corner of Kern Avenue and First Street. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the changes ih regard to the Retirement Home be accepted as presented. -- Co. Scen i c Preservation Comb. D i s t. Annual Audit Report ",.. .... Disbursements Jt. Meeting with M. H . Sewer Treat. Plant "".. Dev. Agree. Mira Loma Va 11 ey #5410 -- Ben Morton re: Tract 4670 Mira Loma Valley Sub. Cont. Tele. Co. "",.. ..... 3499 The Planning Commission recommended establishing 12 sq. ft. as the maximum sign area in the County's Scenic Preservation Combining District. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the City support the County and Gilroy Planning Commission regarding establishing 12 sq. ft. as the maximum sign area in the County's Scenic Preservation Combining District and request that the Board of Supervisors support Sec. 30-3.3 as recommended. The Report on the annual 1972-73 fiscal year External Audit prepared by Arthur Young & Co. was noted. Motion was made by Council- man Duffin seconded by Councilman Pate and carried that the report be accepted. An additional Report on certain bills on the September 4, 1973, Council Agenda for the period August 1, 1973, through August 31, 1973, was noted. Council set September 20, 1973, at 8:15 p.m., as a Joint Meeting with the Morgan Hill City Council to discuss the Interim Sewage Treat- ment Study and the South County Planning Implementation Study. Director of Public Works-City Engineer Hansen presented and explained a Status Report of the Sewer Treatment Plant repairs and recommended accepting the bid of South Valley Welding in the amount of $6,288.68 plus sales tax to rebuild the collector agitator arms in the digester. Motion was made by Councilman Silva seconded by Coun- cilman Hughan and carried that the bid of South Valley Welding in the amount of $6,288.68 plus sales tax be awarded as recommended. re: Director of Public Works-City Engineer Hansen presented and ex- plained a revised Development Agreement for Mira Loma Valley, Tract #5410, Unit #1 and recommended approval of same. Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Development Agreement of Mira Loma Valley, Tract #5410, Unit #1 be approved as presented. Director of Public Works-City Engineer Hansen recommended release of Lot 9, Tract #4670, Tierra Del Roble Subdivision, Ben Morton, developer. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Lot 9 of Tierra Del Roble Subdivision, Tract #4670 be released as recommended. Director of Public Works-City Engineer inquired of the issuance of building permits to all buffer lots west and north of Wren Avenue within Mira Loma Valley Subdivision. Motion was made by Councilman Pate seconded by Councilman Silva and carried to allow issuance of building permits to all buffer lots to the west and north of Wren Avenue in Mira Loma Valley Subdivision as recommended. Director of Public Works-City Engineer Hansen presented and ex- plained a request of the Continental Telephone Company for permission to install a sub-surface cable across the most easterly ten feet (10') of city property located near East Street and Old Gilroy Street. L Motion was made by Councilman Duffin seconded by Councilman Silva and carried that the Continental Telephone Company be granted permission to install a cable across city property as presented. Bd. of Appeals re: The Mayor recommended the appointment of the following to a Dangerous Board of Appeals, U.B..ei.16angertlus Building Act; Dale Connell, Chairman; Bldg. Act Mark Kennedy, George Renz, Gordon Farotte, and E. H. IITed" Duerr. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the appointments be made as recommended by the Mayor for said Board of Appeals. 1 3500 Truck Route Sewer Treat. Plant Adjournment Co~ncilman Stout not~d complaints received in regard to trucks using streets other than the truck route, particularly North Chestnut Street. The Mayor referred same to Staff. Councilman Silva suggested that the City require one of the local processing plants to cease their silting operations or tequire them to install a sump to take care of the bulk of the silt at said 1 oca t i on . Discussion was had in regard to replacement for one City employee recently terminated whose major duties were performed at the sewer farm location. At 10:02 p.m., the Mayor adjourned the meeting. Respectfully submitted, " -"", l" _, .__ ~ ' ~ 7:;, "i" / _ '/ <:>vc;/ (/!.-,tj,,,.-- ' ',~{L-" N,' .. p- City Clerk ",