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Minutes 1977/05/02 Roll Call Intro.emp. promotions Consent Calendar Minutes Damage Claims Sanchez Pub.Hear.re: Prezoning- C.Acker 3929 Gilroy, California May 2, 1977 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, Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. The Mayor introduced Lee A. Eloff and Billy J. McCuiston, Police Sergeants promoted to Police Commanders. Motion was made by Councilman Pate seconded by Councilman Childers that the following items under the Consent Calendar be approved by the fol- lowing Roll Call Vote: Ayes: Council Members: Childers, Cunningham, Hughan, Link, Stout and Goodrich. Approved the Minutes of the Regular Council Meeting of April 18, 1977; Approved the Minutes of the City Administrator's Public Hearinq of April 20, 1977 regarding Revenue Sharing Funds; and Denied damage claims of Sanchez, et ale The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Charles Acker for 8.48 acres from Al-2.5 (County Agricultural) Zone to M2 (General Industrial) District located easterly of South Chestnut Street, opposite Banes Lane. Planning Director Bedaux presented and explained the Staff1s Report regarding said prezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning. There was no comment from anyone in the audience. 3930 Motion was made by Councilman Childers seconded by Councilman Link and carried that the Public Hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link and carried that the proposed ordinance prezoning said property be introduced, the reading waived and that it be published by title and summary. Sewerage Treat- ment Plant Proj ect The Mayor stated that it was the time and place scheduled to discuss and give final approval of the site location of the planned Sewerage Treatment Plant. ""~;"'llI<1l City Administrator Wood reported on same and explained three (3) pro- posed site locations which were revised to include portions of the original westerly site and the southerly site. Discussion was had by Council in regard to the three (3) sites. ~ Motion was made by Councilman Link seconded by Councilman Cunningham and carried that Plan IIAII be approved which includes 600' of the westerly site location and the southerly site as presented, for the planned Sewerage Treat- ment Plant Project. The Mayor asked if there was anyone in the audience wishing to speak on any item not on the agenda. There was no comment from anyone in the audience. Solid Waste A letter from the City of Santa Clara was Manage- ment Agency under Solid Waste Management Program, ment by resolution. Program Res. 77- 33 noted in regard to Enforce- requesting Council support Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resolution No. 77-33 be waived and that it be adopted concurring in principle with the Solid Waste Management Plan for the County of Santa Clara. RESOLUTION NO. 77-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY CONCURRING IN PRINCIPLE WITH THE SOLID WASTE MANAGEMENT PLAN FOR THE COUNTY OF SANTA CLARA. PASSED AND ADOPTED this 2nd day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None .... ABAG Cor- A letter from the City of Santa Clara in regard to ABAG Corridor Study ridor was noted requesting Council support by resolution. Study REs.#77- Motion was made by Councilman Stout seconded by Councilman Pate that 34 the reading of Resolution No. 77-34 be waived and that it be adopted affirming that the existing general plans of cities be used as the basis for develoninq the Santa Clara Valley Corridor Evaluation. RESOLUTION NO. 77-34 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AFFIRMING THAT THE EX- ISTING GENERAL PLANS OF CITIES BE USED AS THE BASIS FOR DEVELOPING THE SANTA CLARA VALLEY CORRIDOR EVALUATION STUDY. PASSED AND ADOPTED this 2nd day of May, 1977, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ...... Inter-Govern- A letter from the Board of Supervisors, County of Santa Clara was noted mental requesting appointment of a City representative on the Intergovernmental Council. Council Councilman Pate volunteered for said appointment. Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that Councilman Pate be ap- pointed as the City's representative on the Intergovernmental Council. League BUlletin The League of California Cities Legislative Bulletin No. 14, 1977 was 3931 noted and further explained by City Administrator Wood. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City con- curs with the League's position on Items No. 1 through No.6 and that the local legislatures be notified of same, time permitting. Co. Fire A Report on reduction of the County Fire Marshal's Services was Marshal ~s noted. City Administrator Wood recommended that the City accept the Services modifications as presented and proposed. The Mayor ordered that the City accept same as recommended. ~,.;,p,'AI<l - The following informational items were noted with no separate dis- cussion on same: Water Conditions Report of Santa Clara Valley Water District on Water Conditions; Lorna Prieta Resource Conser. Dist. Annual Report of the Lorna Prieta Resource Conservation District. Plan.Com. The Report of the Planning Commission Meeting of April 21, 1977 Report was noted. 4-21-77 P.& R.Com. The Minutes of the Parks and Recreation Commission Meeting of Minutes April 26, 1977 were noted. 4-26-77 St. Tree Size Motion was made by Councilman Pate seconded by Councilman Cunningham and carried that the fifteen (15) gallon street tree size requirement with fee to be $35.00 be approved as recommended. Parks Budget Council referred the request of the Parks Department travel and training account for $1,200.00 to the 1977-78 Budget Study Sessions. &it;;,,~ Wheeler Discussion was had regarding the Parks and Recreation Commission Aud. recommendation that all applications for dances at Wheeler Auditorium be reviewed by the Commission. Council preferred to have said applications reviewed and approved by Staff which is the present procedure for same, rather than review by the Commission as recommended. Personnel Com. was Report 4-27-77 The Report of the Personnel Commission Meeting of April 27, 1977 noted. Crime Pre- Motion was made by Councilman Pate seconded by Councilman Link vention and carried that the classifications for Crime Prevention Specialist for Spec.& the duration'of the grant and for Engineering Aide under CETA Program be Eng.Aide approved as presented and recommended. Classifi- cations ~".,\,.", Lib.& Cult. Com. April Minutes 4-5-77 The Minutes of the Library and Culture Commission Meeting of 5, 1977 were noted. - Monthly The Summary of the Monthly Reports of March, 1977 were noted and Reports discussed. City Administrator Wood advised that the figures of Water Mar. '77 Consumption would be rechecked by Staff. Disburse- The Report of Disbursements from April 1, 1977 through April 30, ments 1977 were noted and discussed. Leases- Sewer Farm A report on two (2) Crop Leases at the Sewer Farm were presented and explained by City Administrator Wood. Discussion was had on the matt.er. 3932 Chapman Forestry Founda- tion Motion was made by Councilman Link seconded by Council- man Pate and carried that the Lease Agreement with Chapman Forestry Foun- dation be approved as presented and that the Mayor be authorized to exe- cute same as presented. Council Members: Cunningham, Stout and Goodrich voted IInoll on the motion. Aira Farms Motion was made by Councilman Link seconded by Council- man Stout and carried that the Lease Agreement with Aira Farms be approved as presented and that the Mayor be authorized to execute same as presented. Traffic Con- A Report on Traffic Control at First Street and Wren trol -1st Avenue Intersection was noted. Deputy Police Chief Duke addressed the & Wren Council and further explained said report. Councilman Cunningham noted that his previous position on said matter is unchanged. ..... ~'''"- Employee's A report on Employee's Cost of Living Increase to be Cost of 6.46% was noted and informed by Staff that same would be included in the Living 1977-78 Preliminary Budget. So.Co.Bldg. A report on South County Building Moratorium was noted, Moratorium accompanied by a summary of,the Minutes of the County of Santa Clara Plan- ning Commission Meeting of April 21, 1977. The action reactivates the South County Advisory Committee and the Chairperson is proposing a Com- mittee meeting at 1:30 p.m. on May 12, 1977 at the Gilroy Unified School District's Board Room to review the two (2) cities (Morgan Hill and Gilroy) proposed transition areas. City Administrator Wood noted that a map of the City's General Plan and a map of the general area had been included in the Agenda packets in order for Council to begin formulating ideas as to where it feels that service area should extend to. City Administrator Wood further recommended that the Council establish a.Joint Meeting with the Planning Commission to review this matter further and hopefully make some determination as to what the boundaries of that area will be; fur- ther that whether the City will be prepared to make a recommendation on same at the meeting of May 12, 1977 that the City is going to have to make that determination in the near future. City Administrator Wood noted that the answer to the seventeen (17) questions submitted by the members of the Council independently has not been received at this time; that he has been advised that they are in progress. ...... ."'". Councilwoman Hughan recommended importance of meeting with the Planning Commission in regard to the City's transition area and have some input if possible by the May 12, 1977 meeting. Councilman Cunningham inquired if this Committee meeting on May 12, 1977 was what the Board of Supervisors had in mind for the City by attending this meeting. Councilman Stout noted that in the summary of the County Planning Commission Meeting of April 21, 1977 it notes in regard to re- activation that lithe Committee will be charged with designing a transition area of the cities of Morgan Hill and Gilroy subject to approval of the Cities with final approval by the Board of Supervisorsll. He further stated that if that's their sole charge that he believes that would be going along with what the Board of Supervisors majority suggested. He further noted that that is only one of their assignments and it would be interesting to know what the others are. Councilman Cunningham noted that after the City Council IS Special Meeting of April 12, 1977 and after listening to the tape record- ing of same, this Council adopted a six point guide line of what they wanted the Board of Supervisors to do in relationship to the moratorium. He further stated that this strikes him as a single piece meal shot by the Board of Supervisors to reactivate that Committee without taking any action on the other five points that we spoke to; one of which was the lifting of the moratorium and relating also the agricultural reserve area, the so- called IItransition areasll and the unincorporated area, and the minimum lot- split. He further states that he sees it" all as a uniform problem, and gets bad vibrations from not only the Board of Supervisors by taking a single shot approach which he does not understand what the purpose is other than a transition planning purpose as stated here. ........ ","'0"'. Councilman Stout stated that he would like to get the 3933 Board's response and clarification of the questions that were asked by the Cit~, because he feels that would have a very strong bearing on what intent is in- volved here. #~;".Jil!i Councilman Childers inquired if same was not heard today in court. He was informed that it would be heard on Wednesday, May 4, 1977. Councilman Cunningham stated that there is no question in his mind that the City at some time will have to have in-put into planning of whatever those zones are, but he feels that the City has already gone on record as join- ing the law suit with the South County United Committee, and the City had some very specific concerns regarding what the Board of Supervisors is going to do. He feels that the County is basically saying that they have reactivated the Committee now go plan your transition zones, and have ignored some of these other five (5) point that were discussed at April 12, 1977 Special Meeting. .... , Councilwoman Hughan noted that the City did request the Board of Supervisors to reactivate the Committee, and she does not feel that the City can back-out even though there are some questions to be answered. She noted that the transition areas will be planned and it is very important that the City do this and recommend the transition zones desired and that the County does not plan the transition zones. She also noted that if the City does not attend this Committee Meeting on May 12, 1977 this group will plan the transi- tion zones to their specifications. Councilman Link noted that if these transition zones are not formed the County will zone the entire area in twenty (20) acre lots. He noted con- cern and feels that there are three (3) stages involved in this matter. One being the transition2ones which more affects the Cities of Morgan Hill and Gilroy than any other; the second point is the agricultural preserve which is now under study by a Committee basically made up mostly of South County farmers; the third is what takes place with the rest of it and the Board of Supervisors have already instructed the Planning Department to zone all the remaining lands in twenty (20) acre lots temporarily until they settle on some points of this thing. He feels that -this meeting scheduled for May 12, 1977 is only one phase of the matter, but agrees that if the City doesn't get something started they will be left behind. He agrees that what the Board of Supervisors will do after everything is done is unknown at this point. He further noted that reactivating the Committee was one of the points requested by the City and one of the points that the Board of Supervisors agreed to. He stated that he knows that they didn't give the City everything requested and he doesn't think the City will get everything requested. He feels that the Board of Supervisors will still have control of this matter and they are going to run it. He agrees that this is just a basic point and attending this Committee Meeting on May 12, 1977 is whether or not the Cities desire to half way control some of the des- tiny of the land around the City or not. Councilman Stout stated that he believes there is merit to attend- ing such a meeting scheduled on May 12, 1977 rather than the out and out avoid- ance of it as same does not accomplish anything. He suggested that the City attend same with some realization and reservation with the understanding that this has answered only one of the points in question and that the City wants an answer to the remaining points. The Mayor recommends that the Council set up a work session with the Gilroy Planning Commission and discu-s what the City's desires are in re- gard to a proposed transition area. ,~,"'" Councilman Cunninqham confirms that this study session with the Gilroy Planning Commission would not indicate positive attendance at the May 12, 1977 scheduled Committee Meeting. The Mayor noted this proposed meeting with the Gilroy Planning Commission is not an indication that the City intends to meet with the County Committee on May 12, 1977 unless this Council desires to do same. - Councilman Cunningham noted that if a study session is scheduled wi th the Council and Pl anni ng Commi ss i on and if the Ci ty then des i res to attend the Committee Meeting of May 12, 1977 the Council would have no input to make that decision to attend said Committee meeting. Counc il man determination whether ing of May 12, 1977. City is going to have and not had any for a Pate concurs and feels that the Council should make a or not they are planning to attend said Committee Meet- He further stated that he feels that at some point the to get some communication going and the City has sat here number of reasons and he is not sure what the out-come 3934 of this will be, however it is in the context of the Committee that the City requested. He further states that if the City could come up with some pro- posals of its own between now and the 12th it would behoove the City to present those proposals at the Committee Meeting on May 12, 1977. Councilman Stout inquired if the City really has a problem as to what the transition areas are, as the City is probably the only City in the County that knows what its transition areas are, and has already developed same. The Mayor noted that the map prepared by Planning Director oresently in the Administration Offices shows the lines south of Fitzgerald Avenue and wonders why said line is at that location when the City's General Plan goes up to Fitzgerald Avenue. He noted that this is one point he would like to have clarified. Council agreed that there are some inconsistencies and that a Joint meet- ing with the Planning Commission i~ necessary to clarify these inconsistencies. Council further agreed that the transition zones should include at least all of the area within the Cfty's General Plan if not more; and a decision that the Council and Planning Commission should make prior to meeting with any Committee of the County. ..... .""...."iifJ Council agreed that this meeting would be adjourned to May 5, 1977 at 8:30 p.m. following the Planning Commission Meeting in order to have a joint meeting to discuss the City's desired transition area for possible presentation to the Board of Supervisors on May 12, 1977. Waste Water A Progress Report on Waste Water Re-Use Plan was noted and Re-Use explained by City Administrator Wood. Council agreed with said proposal and requested that the City Administrator pursue same. 4th of July A report on the 4th of July Fireworks Display was presented. Fireworks Motion was made by Councilwoman Hughan seconded by Councilman Cunningham and carried that the City be authorized to proceed with the said celebra- .. tion as recommended. Sewer Farm Water City St. Progress Needs Survey ...- A report on Sewer Farm water for landscapinq purposes was pre- sented and explained by City Administrator Wood. Council authorized and agreed with said proposal. City Administrator Wood presented and explained a Report on th~ City Street Progress and Needs Survey for submittal to the State. Motion was made by Councilman Pate seconded by Councilman Link and carried that said survey be approved and submitted to the State as recommended. Reservoir City Administrator Wood presented and explained a Report on conditions City Water Reservoir Conditions. Crime Pre- vention Vehicle 01 d City Hall Bldg. Lease Councilman Stout requested that the holder for Councilwoman Hughan's microphone be relocated approximately one (1) foot to the right of the Council table. Councilman Cunningham requested that the Staff determine the approximate number of Senior Citizen utility users. City Administrator ~Jood noted that he woul d attempt to present an estimate of same. ... ..... City Administrator Wood presented a recommendation for purchase of a crime prevention vehicle. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the City be authorized to purchase either the 1976 Maverick or 1976 Comet vehicle requested from Hertz Used Car Lot in San Jose in the amount of $3295.00 plus tax. City Administrator Wood reported on a Lease for the Old City Hall, Building. Motion was macle by Councilman Pate seconded by Councilman Childers~ and carried that bids for leasing the old City Hall be advertised with an option to reject all bids and that the present signed agreement ,from Mountain ! 3935 Charl ey;' s Restaurant, Inc., be revi ewed and modi fi ed where necessary as recom- mended. City of M.H. City Administrator Wood presented a letter from the City of Morgan Jt.Sewer Hill regarding their allowed capacity at the Sewer Plant. Said letter was facili- referred to the Council Sewer Advisory Committee for review and recommenda- ties tion to Council. Air-Cond. Sys. - Com. Center Parks and Recreation Director Ayer recommended advertising bids for the air-conditioning system at the Community Center. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the call for bids for the air-conditioning System at the Community Center be authorized to be opened at the May 16, 1977 Regular Council Meetinq. Inter-City The Mayor noted the Inter-City Council meeting scheduled for May Council 5, 1977 and noted that no reservations would be needed as the Council will be adjourning this meeting to May 5, 1977 with the Planninq Commission. Adjournment At 10:11 p.m. motion was made by Councilman Stout seconded by Councilman Pate and carried that this meeting adjourn to Thursday, May 5, 1977 at 8:30 p.m., following the Planning Commission Meeting of same date. Respectfully submitted, 612w?1-J ~ d~~ City Clerk ~ r