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Minutes 1978/07/05 4101 Gilroy, California July 5, 1978 , The Adjourned Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call Present: Council Members: William E. Childers, Roberta H. Hughan, Marion T. Link, David V. Stout and Norman B. Goodrich. Absent: Council Members: Brian D. Cunningham and John E. Pate. Consent Motion was made by Councilman Link seconded by Councilman Stout Calendar that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Childers, Huqhan, Link, Stout and Goodrich; Absent: Council Members: Cunningham and Pate. Minutes 1978 ; Approved the Minute~ of the Regular Council Meeting of June 19, Approved the Minutes of the Adjourned Regular Council Meetinq of June 26, 1978; and Ord.#78-23 Adopted Ordinance No. 78-23 Rezoning and Prezoning approximately 18~ acres located south of Tenth Street between Chestnut Street and the South Valley Freeway from IZ to HC District (Glickman, Crumpler and Riley Inc. ) ORDINANCE NO. 78-23 ORDINANCE OF THE CITY OF GILROY A~mNDING THE ZONING ORDINANCE OF SAID CITY BY REZONING AND PREZONING THAT 18.25 ACRE PARCEL LOCATED SOUTH OF TENTH STREET BETWEEN CHESTNUT STREET AND THE SOUTH VALLEY FREEWAY FROrl IZ (INTERIM ZONE) DISTRICT TO HC (HIGHWAY Cm~t'1ERCIAL) DISTRICT. PASSED AND ADOPTED this 5th day of July, 1978, by the followinq vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE. Pub.Hear.re: The Mayor stated that it was the time and place scheduled for a F.Filip- Public Hearing on an application of Frank Filippi to Prezone 17.26 acres to pi IZ located at the northeast corner of Gilman Road and South Valley Freeway. , Acting Planning Director Dorn presented and exolained Staff's Report regarding same. The Mayor asked if there was anyone in the audience wishing to speak for or against the prezoning. "-.r ., ..,. ...,_..~., .,.....--..-'_..~'"'(.....-"_. ."TY"'v,'.-..'''''' ~"'r""......-' ~-..~. -~'..-~---- 4102 Mr. Darrell Shuck, representing Frank Filippi addressed the Council in regard to said prezoning. City Administrator Wood advised Mr. Shuck, at a meeting approxi- mately one month ago with the County, that Mr. Mantelli and he were ad- vised by the County that they would not accept the IZ zoning. Mr. Shuck advised he was continuing to convince the County to allow the IZ zoning. - - The Mayor asked if there was anyone further in the audience wishing to speak on the matter. There was no comment from anyone in the audience. I I Motion was made by Councilman Link seconded by Councilman Childers --J and carried that the Public Hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link and carried that a proposed ordinance be introduced, the reading waived and published by title and summary prezoning said property. Pub.Hear.re: The Mayor stated that it was the time and place scheduled on Alley the intention to abandon a portion of a Public Alley from First to Second Vacation Street between Monterey and Eigleberry Streets. Director of Public Works-City Engineer Hansen presented and ex- plained Staff's Report on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the matter. Mr. Dave Sorenson, Pactfic Gas & Electric Company Manager, ad- dressed the Council noting concern of relocation of existing utilities at the Bank's expense. The Mayor asked if there was anyone further in the audience ~ wishing to speak on the matter. There was no comment from anyone in the audience. -- Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link and carried that said abandonment be approved subject to the Bank agree- ing to all conditions recommended by Staff including dedication, etc. It was noted that a resolution approving same would be adopted by Council at that time. Pub. Hear. re: Forest Public St. Vaca- tion The Mayor noted that it was the time and place scheduled for a Hearing on intention to abandon a portion of Forest Street. Councilman Stout declared himself absent in the discussion and action on the matter due to a possible interest in the proposal. Director of Public Works-City Engineer Hansen presented and explained Staff's Report. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. """";"Zj!>.~ There was no comment from anyone in the audience. -.i Motion was made by Councilman Link seconded by Councilman Chil- ders and carried that the Public Hearing be closed. Res.#78-45 Motion was made by Councilman Link seconded by Councilwoman Hughan that the reading of Resolution No. 78-45 be waived and that it be adopted vacating said portion of Forest Street. r"",", RESOLUTION NO. 78-45 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ORDERING VACATION OF THE 37.5 FOOT WIDE STRIP OF LAND ON THE WEST SIDE OF FOREST STREET RUNNING 206 FEET SOUTH FROM THE SOUTH SIDE OF LEAVESLEY ROAD, RESERVING TO THE ... ",.;.':';';~i.;,;.;..',:.\.,t_""':~~>;';;';';;A."j ":~~'~f'.lt.'~. . I' , ., . L ,'__. e'.' ._.. '.'''' .,'-" 4103 ....... EASEMENTS FOR ALL PUBLIC FACILITIES. PASSED AND ADOPTED this 5th day of July, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK and GOODRICH. NOES: COUNCI L MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM, PATE and STOUT. PUD-Mira A request of Filice Estate Vineyards was noted to reconsider Loma an amendment of Mira Lorna PUD. Acting Planning Director Dorn presented and explained Staff's r" report regardi ng same. ~,~ Mr. John Filice, Attorney representing Filice Estate Vine- yards addressed the Council further explaining said PUD Amendment. Mr. Filice introduced Mr. Joe Desmone, President of Wendy's Drive-In Restaurant, proposed for the subject PUD amendment. Motion was made by Councilman Link seconded by Councilman Stout and carried that the Planning Commission's decision to allow the recommended amendment to Filice Estate Vineyards PUD be approved sub- ject to the condition that a deferred Development Agreement is entered into with the City and subject to the condition that if the "right turn only" sign proposed for said property is not effective that the property owner will provide a median in the center of First Street to provide for left turns at said location. The Mayor asked if there was anyone in the audience wishing to speak on any matter not on the agenda. Mrs. Francis Howson addressed the Council inqulrlng about the parking requirements for the hospital expansion project. Acting Planning Director Dorn noted that no additional parking spaces are re- quired for said project as the ordinance requires one (1) space for each hospital bed; and that no additional beds are proposed for said project. --- Mr. Ted Duerr, Architect addressed the Council noting that although the ordinance only requires one (1) parking space for each bed that the hospital has provided two (2) parking spaces for each bed. The Mayor asked if there was anyone further in the audience wishing to speak on any matter not on the agenda. Mr. Joe Sadlier, interested citizen addressed the Council noting objection to the City rejecting State surplus funds in their recent action granting 8% Salary Increases for City Employees. Council- man Link noted that the City is not eligible for said funds unless 1/3 of the General Fund is proposed to be spent and that the City is not proposing same. Vanda 1 ism Preven- tion A report of Vandalism Prevention Task Force was noted and further explained by Mr. Vance Baldwin, Gilroy Unified School District. He requested that the City appoint one (1) individual in the City to be responsible for Vandalism Prevention. City Administrator Wood was in- structed to work with Mr. Baldwin for a recommendation in proceeding with same. r~ ~ Historical A request of Mr. Neil Mussallem was noted for the City to Bldg. designate the building at 60 Fifth Street as a "Historical Building". Res.#78-46 Motion was made by Councilman Stout seconded by Councilwoman Hughan that the reading of Resolution No. 78-46 be waived and that it be adopted designating the building at 60 Fifth Street as a "Historical Building". ~ RESOLUTION NO. 78-46 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE TREMAINE HOUSE A HISTORICAL BUILDING. 4104 Lands-Las Animas Park ..1.,..._-.."...",..,__ _~~ _,_ ,..",_......~ "'" ~~ -'-.- .,....~.,--,~ ....."...........,...,---..... ..........':'"...,.... ,; PASSED AND ADOPTED this 5th day of July, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE. - ... A letter from Mrs. N. Peterson offering to convey lands to the City subject to conditions was noted. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilwoman Hughan and carried that Mrs. N. Peterson's offer to convey lands to the City be accepted subject to the two (2) conditions of her letter. ---... - New City A letter from Mr. Ernest Fortino in re: to his property within Hall the proposed City Hall site was noted. Discussion was had by Council. Gambling- Ca 1 if . S.P.Depot property Motion was made by Councilman Childers seconded by Councilwoman Hughan by the following Roll Call Vote that the 1978-1979 Budget be amended in the amount of $290,000.00 for additional land acquisition for the New City Hall Project with the condition that if the EDA Grant is not received for construction of the New City Hall that the New City Hall issue will be placed on a ballot to be decided by the voters of the City of Gil roy. Ayes: Council Members : Chil ders, Hughan, Li nk, and Goodri ch; Noes: Council Members: Stout; Absent: Council Members: Cunninqham and Pate. A letter from the City of Adelanto in re: to Legalized Gambling in California was noted. A letter from the Southern Pacific Company in re: to their esti- mated value of the Depot property was noted. Council noted that they are not interested in said property at this time. ~)~~ Wheeler Hosp. A letter from Wheeler Hospital for waiver of City Fees in their Expan. proposed expansion project was noted. Project Housing Referen- dum Issue - Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Chil- ders and carried that the Plan Check Fees and Inspection for Wheeler Hos- pital Expansion Project be waived but that the waiver of the sanitary sewer fees be denied. A letter from the Santa Clara County Housing Authority was noted in regard to the recent Senior Housing Referendum. Motion was made by Councilman Link seconded by Councilman Childers that a Public Hearing date of August 7, 1978 be set in regard to the Execution of the Coooerative Agreements between the Housing Authority and the City. The following fnformational items were noted with no separate discussion on same: Report on Water Levels; Santa Clara Valley Water District confirming the alternate re- presentative appointment to the South Flood Control Advisory Committee. - ..... P.& R. Com. The Minutes of the Parks and Recreation Commission Meeting of 6-27-78 June 27, 1978 were noted. Monthly Reports The Minutes of the Senior Citizens' Advisory Board Meeting of June 13, 1978. - The Summary of Monthly Reports of May, 1978 was noted. City Ad- ministrator Wood noted a correction in the number of water, garbage and sewer services. - Eastside Park Stage II Bid ..-"""" IF Air-O-Fan Property '"- Water Serv. Policy "'hi~ ........ Fence Ord. St. Li ghti ng Policy Dev. Agree. : Best 6 Motel; Walnut Gr. Apts. & Gil- roy Weighing ",,' ...' ,~ 4105 City Administrator Wood presented and explained a report on the bid for Eastside Park Stage II Development. Discussion was had on the matter. Motion was made by Councilwoman Hughan seconded by Councilman Childers and carried that the bid of Jack Ehrich in the amount of $160,206.00 be awarded and that the 1978-79 Budget be amended in the amount of $29,018. to provide for same which represents the total amount in excess of the grant funds. Director of Public Works-City Engineer Hansen presented and explained a report on recommendation for approval of a Parcel Map and determination of a build-out schedule for same. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Air-O-Fan Parcel MaD as presented be approved and that a Build-Out Schedule of nine (9) R1 lots be approved for 1979. Councilwoman Hughan voted "no" on the motion. Director of Public Works-City Engineer Hansen presented a recommendation to change the policy on installing new water services. Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resolution No. 78-47 be waived and that it be adopted approving the water installation policy as recommended. RESOLUTION NO. 18-47 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A POLICY AND AMENDING CHARGES FOR INSTALLATION OF NEW WATER SERVICES UNDER SECTIONS 27.45 AND 27.54 OF THE GILROY CITY CODE. PASSED AND ADOPTED this 5th day of July, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE. Director of Public Works-City Engineer Hansen presented a recommendation to introduce the revised Fence Ordinance. Motion was made by Councilman Stout seconded by Councilman Link and carried that the proposed fence ordinance as revised be introduced and pub- lished by title and summary. Director of Public Works-City Engineer Hansen presented a proposed Street Lighting Policy. Motion was made by Councilman Link seconded by Councilman Childers and carried that the proposed Street Lighting Policy as recommended be approved. Director of Public Works-City Engineer Hansen presented the following Development Agreements for approval. Best 6 Motel; Walnut Grove Apartments; and Gilroy Weighing and Receiving (Deferred Development Agreement). Motion was made by Councilman Link seconded by Councilman Stout and carried that the recommended Development Agree- ments be approved and that future Agreements be placed under the Con- sent Calendar of the agendas. Councilwoman Hughan inquired of the Build-Out Schedule progress. Project 566 Councilman Link recommended that Congressman Mineta be contacted in regard to Project 566 requesting support of same, since said project will be referred back to Congress. Thomas Road City Administrator Wood reported that an annexation ap- Annex.78-4 plication has been filed with LAFCO for "Thomas Road Annexation 78-4 to the City of Gilroy". ...-.." 4106 ~ Sewer Adv. City Administrator Wood requested, a meeting of the Sewer Advi- Com. Meet. sory Committee with the Industrial Plants\ Council concurred to a meet- ing next week at the industrial plant representatives convenience. Res. #78-48 Motion was made by Councilman Link seconded by Councilman Childers that the reading of Resolution No. 78-48 be waived and that it be adopted Declaring Results of Election Returns of the June 6, 1978 Special Municipal Election. RESOLUTION NO. 78-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GIUROY APPROVING AND ADOPTING THE REGISTRAR OF VOTERS' CANVASS OF THE SPECIAL MUNICIPAL ELECTION AND DECLARING RESULT OF SUCH ELECTION HELD IN THE CITY OF GILROY ON JUNE 6, 1978. PASSED AND ADOPTED this 5th day of July, 1978, by the following vote: AYES: COUNCIL MEMBERS: CHILDERS, HUGHAN, LINK, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: CUNNINGHAM and PATE. Inter-City Council The Mayor noted the Inter-City Council Meeting of July 6, 1978. The Mayor requested that the Inter-City Council be notified that the City is withdrawing its membership in said organization. Jt.Plan./ Council Meeting. The Mayor noted the Joint Planning Commission/Council Study Meeting of July 10, 1978 at 8:00 p.m. in the Council Chambers. Adjournment At 10:38 p.m. the Mayor adjourned the meeting. Respectfully submitted, ~? City Clerk ~ ~ .~,,' : -, - <,' ."...' ~'."" ,.~.,. >,'- ,- -.. . ,- ,,---