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Minutes 1977/01/03 1 3870 Roll Call Consent Calendar Minutes Ord. #77-1 Air-O-Fan Rezoning , . January 3, 1977 Gilroy, California 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: William E. Childers, Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. ~1otion was made by Councilman Pate seconded by Councilman Link that the following items under the Consent Calendar be adopted by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. Approved the Minutes of the December 20, 1976, Regular Council Meeting; Adopted Ordinance No. 77-1 Amending the Zoning Ordinance of the City by rezoning a 2.24 acre parcel belonging to Air-O-Fan Products Corporation from R-1 to R-2. ORDINANCE NO. 77-1 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BE REZONING A 2.24 ACRE PARCEL AT THE SOUTHEAST CORNER OF KERN AND WELBURN AVENUES FROM R1 DISTRICT TO R2 DISTRICT. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: Damage Claim- R. Miranda Gi rl Scouts' Solicitation ~:".."", Pub.Hear. re: Madonna Dev. Rezoning- . Mesa Rd. Ranch Pub. Hear. re: Frisone PUD, Church & Pierce Sts. ....., Res. #77-1 ..~ Pub. Hear. re: 76-77 Weed Abate.Prog. Res. #77-2 - 3871 AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT, AND GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE Denied a damage claim of Mr. R. Miranda, et al; Approved waiver of the solicitation permit for the Annual Girl Scouts Cookie Sale, January 29, 1977, through February 6, 1977; Set January 1, 1977, as a public hearing date on the rezoning application of Madonna Development Company for Mesa Road Ranch from IZ to R1, located on the west side of Mesa Road. The Mayor stated that it was the time and place scheduled for a public hearing on the PUD .76-2 rezoning request of Larry Frisone for property at Pierce and Church Streets. Staff's report on said rezoning was noted and further explained by Planning Director Bedaux. The Mayor asked if there was anyone in the audience wishing to speak for or against the rezoning request. There was no comment from anyone in the audience. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that the public hearing be closed. Motion was made by Councilman Duffin seconded by Councilman Stout that the reading of Resolution No. 77-1 granting the requested rezoning be waived and that it be adopted. RESOLUTION NO. 77-1 RESOLUTION OF THE CITY OF GILROY APPROVING A PLANNED UNIT DEVELOPMENT PERMIT, SUBJECT TO COMPLIANCE WITH THE PLANS, SPECIFICATIONS AND DESIGNS FILED WITH THE APPLICATION AND THE CONDITIONS IMPOSED HEREIN, FOR DEVELOPMENT OF THAT 2.9 ACRE PARCEL LOCATED ON THE WEST SIDE OF CHURCH STREET, SOUTH OF PIERCE STREET AND ADJACENT TO LAS ANIMAS PARK. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT AND GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor stated that it was the time and place scheduled for a public hearing on the 1976-1977 Weed Abatement Program. He asked if there was anyone in the audience wishing to speak for or against the proposed program. There was no comment from anyone in the audience. City Administrator Wood presented a resolution ordering destruc- tion of weeds, under the 1976-77 Weed Abatement Program. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that the public hearing be closed. Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-2 be waived and that it be adopted. RESOLUTION NO. 77-2 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY INSTRUCTING THE CHIEF OF THE FIRE DEPARTMENT TO ABATE NUISANCE ARISING OUT OF WEEDS GROWING UPON LOTS OR IN FRONT OF PROPERTY IN THE CITY OF GILROY AS REQUIRED BY SECTION 5 OF ORDINANCE NO. 754. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT AND GOODRICH NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE The Mayor asked if there was ~nyone in th~ audience wishing to speak on any item not agendized. There was no comment from anyone in the audience. 3872 Pelliccione Resignation- Lib. & Cult. Commission Res. #77-3 re: Local Agency Invest. Fund Tempora ry Trai ler Per- mit, Murray Manor Res. #77-4 1976 State Park Bond Funds Old City Hall Water Con- servation A letter of resignation from Mr. Paul Pelliccione, Library and Culture Commissioner, was noted. Motion was made by Council- man Pate seconded by Councilman Link and carried that Mr. Paul Pelliccione's letter of resignation from the Library and Culture Commission be accepted with regret. The Mayor noted that Mr. Pelliccione's replacement would be made at the next regular Council Meeting. A letter from the State Treasurer was noted in regard to pooling of deposits in the Local Agency Investment Fund. Motion was made by Councilman DeBell seconded by Councilman Duffin that the reading of Resolution No. 77-3 be waived and that it be adopted authorizing the City Administrator to enter into an agreement for investment of city funds. ..... ...~,.-.. RESOLUTION NO. 77-3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING PARTICIPATION IN THE LOCAL AGENCY INVESTMENT FUND. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MEMBERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: CHILDERS, DeBELL, AND GOODRI CH STOUT NONE DUFFIN, LINK, PATE A letter from H. G. Shean & Associates for temporary use of a trailer for the night watchmen during the construction period of Murray Manor, Tract #5839, was noted and discussed. Motion was made by Councilman Link seconded by Councilman Pate and carried that temporary use of a trailer for the night watchman of H. G. Shean & Associates for Murray Manor, Tract 5839, during the con~ struction period be granted, not to exceed one (1) year. A letter from the County of Santa Clara Parks and Recreation Department was presented in regard to a resolution providing for the in-county distribution of the 1976 State Park Bond funds was noted. Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of Resolution No. 77-4 be waived and that it be adopted. -- ..... RESOLUTION NO. 77-4 RESOLUTION OF THE CITY OF GILROY APPROVING THE PRIORITY PLAN FOR EXPENDITURE OF ALLOCATION OF FUNDS TO THE COUNTY OF SANTA CLARA FQR PARK, BEACH, RECREATIONAL AND HISTORICAL PRESERVATION PURPOSES (STATE URBAN AND COASTAL PARK BOND ACT OF 1976). PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MH1BERS: CHILDERS, DeBELL, DUFFIN, LINK, PATE, STOUT AND GOODRICH NONE NONE NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: A letter from the State Department of Parks and Recreation in regard to approval of a $14,050.00 grant for rehabilitation of the Old City Hall was noted. Discussion was had on the matter. Council, requested the City Administrator to meet with the potential lesee of the Old City Hall to determine if the proposed plan could be tabled for one (1) additional year for possible additional grant fund allo- cations previously anticipated in the amount of $80,000.00. .... ."". The letter from the Santa Clara Valley Water District in regard to their Water Conservation Program and Methods was tabled to await the District's representative. A letter from the South Santa Clara Valley Water Conservation District was noted in regard to a Joint Public Meeting on Water Con- servation. City Administrator Wood recommended participation in this program. The following information items were noted with no separate discussion on same. Plan. Com. Report 12/22/76 3873 Letter from the Department of Motor Vehicles in regard to selling information from Departmental records; Letter from Santa Clara Valley Water District confirming Council appointments to the South County Board. The Report of the Planning Commission Meeting of December 22, 1976, was noted and discussed. Planning Director Bedaux and Mr. Darrell Shuck, representing Terra Sol, Ltd., addressed the Council and explained the procedure in certifying Singer Housing the final EIR for Singer Housing Company. Motion was made by Councilman (Terra Sol) ,Link seconded by Councilman Duffin that the reading of Resolution No. 77-5 EIR be waived and that it be adopted certifying the EIR for Singer Housing as being adequate. Councilman Childers voted "No" on the motion. - Res. #77-5 -"'" Res. #77-6 ~-- ..'1 P & R Com. Meeting 12/21/76 Lib. & Cult. Com. Meet. 12/7 /76 Month ly Reports .;.tiil Li ght Rail Feasibility Study RESOLUTION NO. 77-5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CERTIFYING THE ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED DEVELOPMENT BY SINGER HOUSING COMPANY. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBELL, DUFFIN, LINK, PATE, STiOUT, AND GOODRICH NOES: COUNCIL MEMBERS: CHILDERS ABSENT: COUNCIL MEMBERS: NONE Discussion was had in regard to the Singer Housing Project long- term impact. Motion was made by Councilman Pate seconded by Councilman Childers that a resolution be adopted determining that, based on the Environmental Impact Report, the Singer Housing Project does have a sig- nificant long-term adverse impact, specifically, in regard to schools, flooding, traffic, noise, and seismic which will have to be mitigated or overcome by other benefits. The resolution failed by the following Roll Call Vote: AYES: COUNCIL MEMBERS: CHILDERS, DeBELL, AND PATE. NOES: COUNCIL MEMBERS: DUFFIN, LINK, STOUT AND GOODRICH. Motion was made by Councilman Duffin seconded by Councilman Stout that the reading of Resolution No. 77-6 be waived and that it be adopted determining that the Singer Housing Project, based upon the EIR Report submitted, does not have long-term adverse impact providing that, if proper mitigating measures are taken in the areas of concern (schools, flooding, traffic, noise, seismic), the long-term benfits outweigh possible long-term adverse impacts on the environment. RESOLUTION NO. 77-6 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY FINDING NO SIGNI- FICANT LONG TERM ADVERSE IMPACT BASED UPON THE ENVIRONMENTAL IMPACT REPORT FOR A PROPOSED DEVELOPMENT BY SINGER HOUSING COMPANY. PASSED AND ADOPTED this 3rd day of January, 1977, by the following vote: AYES: COUNCIL MEMBERS: DUFFIN, LINK, STOUT AND GOODRICH NOES: COUNCIL MEMBERS: CHILDERS, DeBELL, AND PATE ABSENT: COUNCIL MEMBERS: NONE The Minutes of the Parks and Recreation Commission Meeting of December 21, 1976, were noted. The Minutes of the Library and Culture Commission Meeting of December 7,1976, were noted. The Summary of Monthly Reports of November, 1976, were noted and discussed. City Administrator Wood noted that the Public Works portion of the report was omitted from the report and would be submitted in the next Summary of Monthly Reports. City Administrator Wood noted a meeting scheduled for January 5, 1977, at 7-8 p.m. in Morgan Hill on presentation of the County Transit District Light Rail Feasibility Study. Councilman Childers noted that he would attend and represent the City. Councilman Pate noted that he would also try to attend said meeting. 3874 Salary ~~erit I nc reases- Staff Emp. Computer Water Con- servation Ci ty Water Supply EDA/LPW Grant Applics. Sewer Adv. Committee Garbage Adv. Committee Fi re Assoc. Suit ICC Meeting Adjournment City Administrator Wood presented a request for a merit increase for staff employees. Motion was made by Councilman Pate seconded by Councilman Stout and carried by the following Roll Call Vote that merit increases for the following staff employees, effective January 1, 1977, be approved as recommended: Director of Public Works from $2,173 to $2,275; Police Chief from $1,924 to $2,000; Fire Chief from $1,833 to $1,900; Director of Parks and Recreation from $1,788 to $1,900; Deputy Police Chief from $1,739 to $1,780; Assistant City Administrator from $1,702 to $1,780; and City Clerk from $1,302 to $1,400. Ayes: Council Members: DeBell, Pate, Stout and Goodrich. Noes: Council Members: Childers, Duffin and Link. ..... City Administrator Wood presented a report on the computer replacement proposal. Motion was made by Councilman Pate seconded by Councilman DeBell and carried that the City Administrator's recommendation to contract to purchase the 8200 computer from NCR be approved. A report on the need for continued water conservation was presented and further explained by Leo F. Cournoyer, Santa Clara Valley Water District representative. He further noted a meeting with the Board of Supervisors on January 4, 1977, at 10:30 a.m. on presentation of the District for water conservation proposals. Dis- cussion was had on the matter. Director of Public Works-City Engineer Hansen presented a Status Report on the City water supply. It was noted that water saving devices have been purchased for water consumers to install in their homes which will be sold at a nominal fee, as one method of water conservation. Director of Public Works-City Engineer Hansen presented a status report of EDA/LPW grant applications. It was further noted that the City of Gilroy was the only agency in Santa Clara County that received approval of grant monies. It was noted that the alley reconstruction grant application had been approved. ... - City Administrator Wood noted that the Sewer Advisory Committee will meet on January 7, 1977, at 3:00 p.m. Councilman Link noted that he would not be able to attend said meeting. City Administrator Wood noted that the Garbage Advisory Committee will meet on January 5, 1977, at 4:00 p.m. in regard to the South Valley Refuse Disposal, Inc. proposed rate increase. City Administrator Wood reported that a hearing had been held today (January 3, 1977) on the Fire Association's suit in regard to the City's Impasse Procedure and that the Judge had ruled in favor of the City; further, that Resolution No. 1319 was adequate in the Court's opinion. He further noted that the matter could be appealed and further heard before a higher court, possibly one (1) year in the future. ' Council indicated that no City representatives would be attending the Inter-City Council meeting of January 6, 1977. - At 10:37 p.m., the Mayor adjourned the meeting. Respectfully submitted, .... (~~~? /J~t City ClerK