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Minutes 1972/12/18 Roll Call Consent Calendar 3413 December 18, 1972 Gilroy, California The Regular Meeting of the Gilroy City Council was called to order by Mayor Protempore George T. Duffin at 8:00 p.m. Present: Council Members: Fred P. Batrez, John Hughan, John E. Pate, David V. Stout, and George T. Duffin. Absent: Council Member Anthony C. Silva and Mayor Norman G. Goodr i ch. Motion was made by Councilman Pate seconded by Councilman Hughan and carried that the following items on the consent calendar be approved. Passed and adopted by the followi:ng Roll Call Vote: Ayes: Counci 1 Members Batrez, Hughan, Pate, Stout, and "Duffin. Absent: Council Members Silva and Goodrich. 3414 Salary Merit Increases Sol ic. Permi t Ord. #971 re: Zonjng Ord. Amendments Ord. #972 re: Schoo 1 Bus Zones Pub. Hear. re: Leavesley No. 2 Annex. 72-7 Res. #l693 Ord. #973 Consent Calendar Items: Council MJnutes of Regular Meeting of December 4, 1972; adoption of Ordinance No. 971 Repealing Sections 25,50,51,52 and 53.4 and Amending Sections 32, 32.2(a) (6.) ,53, 73, and 80 of the Zoning Ordi- nance; adoption of Ordinance No. 972 Establishing S~ool Bus Zones; approva~ of Merit Step Increases for the following three (3) city employees: Umberto DeLeon, Patrolman, from Range 32, Step B ($846/mo.) to Step C ($888/mo.), retro- active to December 1, 1972; Douglas Gotterba, Patrolman Trainee, from Range 24.5, Step A ($560/mo.).to Step B ($587/mo.); and George Steer, Patrolman, from Range i2, Step A ($805/mo.) to Step B ($846/mo.); the latter two effective January I, 1973; granted waiver of solicitation permit for annual candy sale of Camp Fire Girls, Inc., from January 25, 1973, to February 13, 1973. Councilman Silva entered and took his seat at the Council table at 8:05 p.m. -..., ORDINANCE NO. 971 ,"""_.,,,... ORDINANCE OF THE CITY OF GILROY REPEALING SECTIONS 25, 50, 51, 52 and 53.4 AND AMENDING SECTIONS 32, 33.2(a)(6), 53, 73 and 80 OF THE ZONING ORDINANCE. PASSED AND ADOPTED this l8th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: GOODRICH ORDINANCE NO. 972 AN ORDINANCE OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING SCHOOL BUS ZONES WITHIN THE CITY. PASSED AND ADOPTED this 18th day of December, 1972, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN COUNCILMEMBERS: None COUNCILMEMBERS: GOODRICH Mayor Protempore Duffin stated it was the time and place scheduled for a public hearing on a request from Sam S. Filice, et aI, for annexa- ~. tion of uninhabited territory to be known as "Leavesley No.2 Annexation 72-7 to the City of G i I roy" located on the north side of Leaves I ey Road ~ between San Ysidro Avenue and the South Valley Freeway, containing 2.224 acres. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Sam Filice addressed the Council and stated that all requirements had been met and asked that the annexation be approved. Motion was made by Councilman H~han seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had at Council level. Motion was made by Councilman Hughan seconded by Councilman Silva and carried that the reading of Resol'ution No. l693 Declaring No Majority Protests be waived and that it be adopted. RESOLUTION NO. l693 RESOLUTION DECLARING THAT NO MAJORITY PROTEST HAS BEEN MADE TO THE ANNEXA- TION OF TERRITORY DESIGNATED IN THE PROCEEDINGS AS "LEAVESLEY NO.2 ANNEXA- TION 72-7 TO THE CITY OF GILROY.II PASSED AND ADOPTED immediately following the hearing mentioned in the above resolution, this 18th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN NOES: COUNC I LMEMBERS: None ABSENT: COUNCILMEMBERS: GOODRICH Motion was made by Councilman Hughan seconded by Councilman Batrez and carried that the reading of Ordinance No. 973 annexing said terri- tory to the City be waived and that it be adopted. .."'\ .......~ ORDINANCE NO. 973 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRI- TORY DESIGNATED AS "LEAVESLEY NO.2 ANNEXATION 72-7 TO THE CITY OF GILRO~' AND FOR THE INCORPORATION OF SUCH ANNEXED TERRITORY IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 18th day of December, 1972, by the following vo te: AYES: NOES: ABSENT: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT and DUFFIN COUNCILMEMBERS: None COUNCILMEMBERS: GOODRICH Pub. Hear. re: 1972-73 Weed Abate.Prog. Res. #1694 ~ ...... A-I Auto Wrecking ~ ..... Dev. Agree. - S ta r 1 i te Homes (Monte Bello Apts.) "......, ... MonteBello Dr. R/W Res. #1695 3415 Mayor Protempore Duffin stated that it was the time and place scheduled for a public hearing re: the 1972-73 Weed Abatement Pro- gram and asked if there was anyone in the audience wishing to speak for or against the proposal. As there were no comments from the audience, it was moved by Councilman Pate seconded by Councilman Silva and carried that the public hearing be closed. Motion was made by Council- man Pate seconded by Councilman Hughan and carried that the reading of Resolution No. 1694 Ordering Destruction of Weeds be waived and that it be adopted. RESOLUTION NO. 1694 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 l8th day of December 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, DUFFIN None GOODRICH HUGHAN, PATE, SILVA, STOUT, and NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: Mayor Protempore Duffin deviated from the Agenda to introduce Mr. Bill Robinson of Title Insurance and Trust Company who presented a framed photograph of the Gilroy City Council taken by Mr. Karl Bonfert in appreciation of the Council's dedicated efforts. Mayor Protempore Duffin accepted same on behalf of the Council. City Administrator Wood presented a letter from Mr. Frank Robinson, A-I Auto Wrecking, requesting a 90-day extension of his dismantling operations at 6400 Monterey, which is in non-compliance with the City's zoning ordinance, in order to re-locate his dismantling operation. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the 90-day extension be granted on the condition that no dismantling or bulk storage shall be conducted or remain outside the fenced area of his present loca- tion and that he will relocate his dismantling operation on or before March 18, 1973. Mayor Protempore Duffin deviated from the Agenda in order to accommodate persons from out of town, representing Starlite Homes, regarding Monte Bello Apartments. Director of Public Works-City Engi- neer Henry explained the proposed development and recommended Council's approval of the Development Agreement with Starlite Homes. Discussion was has in regard to the development of Monte Bello Drive and construc- tion of a temporary emergency exit from Monte Bello Drive to Castlewood Circle. City Administrator Wood explained the proposal of Cugini Proper- ties to connect Monte Bello Drive with Wren Avenue if any further R-3 development is commenced. Arnold Brunetti, Engineer for said develop- ment, further explained the proposed connection of Castlewood Circle to Monte Bello Drive. Mr. Joe McElhaney, Starlite Homes, stated he would be glad to answer any questions regarding this proposed development. Further discussion was had. It was moved by Councilman Stout seconded by Councilman Batrez and carried that the Development Agreement with Starlite Homes for Monte Bello Apartments be approved with the stipulation that prior to any R-3 development, an emergency exit be constructed from Monte Bello Drive to Castlewood Circle on a temporary basis. Director of Public Works-City Engineer Henry requested Council accept the street right of way for Monte Bello Drive. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the right of way for Monte Bello Drive be accepted. Director of Public Works-City Engineer Henry presented a request of Bankers Mortgage Company of California for the City's endorsement that the Envir ,nmental Quality Act has been compli~d with regarding the develop- ment of Monte Bello Apartments. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Resolution No. 1695 Declaring that no adverse environmental effects will be caused by the development of Monte Bello Apartments be adopted and the reading of same be waived. 3416 Sr. Citizens req. re: Rev. Sharing Funds Mini-Minutes PPC Mee t. 11/30/72 Letter of Apprec. League Bulletin Plan. Com. Meet. 12/6/72 Lib. & Cult. Com. Meet. 12/5/72 Pop. Est. A 1 coho I i c Commission, ICC Rev. Shar i ng Funds .~-~--j..--_.,- RESOLUTION NO. 1695 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THAT NO ADVERSE ENVIRONMENTAL EFFECTS WILL BE CAUSED BY DEVELOPMENT OF MONTE BELLO APARTMENTS. PASSED AND ADOPTED this 18th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: NOES: ABSENT: COUNCILMEMBERS: COUNCILMEMBERS: BA TREZ , DUFFIN None GOODRICH HUGHAN, PATE, SILVA, STOUT and Mr. Antonio Del Buono, representing Las Rositas S~nior Citizens, addressed the Council requesting a portion of the City's Revenue Sharing Funds for this group. City Administrator Wood presented a letter from Mrs. Petra R. Torres, presIdent of Las Rositas, Request- ing 20% of the revenue sharing funds. Mr. Wood noted that the City is currently contributing to the Senior Citizens Program and further noted Mayor Goodrich's suggestion that the several Senior Citizen groups in the South County should unify and operate jointly for benefits to be provided for under a previous federal grant committment. -~ ....... Mr. Dick Rubi, representing Gilroy Senior Opportunity Development Council, addressed the Council and requested assistance in locating a multi-purpose service center for senior citizens. Mrs. Mildred Hanna, Senior Citizens representative, addressed Council noting that the organization has been looking at several sites, particularly the Luke Feeney home on Sixth Street, and felt that said home should be made a part of the City's heritage by relocating it at a desirable location for a Senior Citizens' Center. Mayor Protempore Duffin assured Mrs. Hanna that Council would take into consideration her request. The Mini Minutes of the Santa Clara County Planning Policy Committee's meeting of November 30, 1972, were noted. ~ '" A letter of appreciation from the Gilroy Chamber of Commerce was noted in regard to city assistance in putting up the downtown Christmas street decoration~. -"'" The League of Cal ifornia Cities' Legislative Bulletin, dated December 7, 1972, was noted. A report of the Planning Commission meeting of December 6, 1972, was noted with the following correction in the minutes: Continued public hearing on petition of Larry Frisone for a P.U.D. zone to January 15, 1973, instead of January 4, 1973. A report of the Library and Culture Commission meeting of December 5, 1972, was noted; further noting that book circulation for for the month of November 1972 was 13,827 volumes as compared to 10,402 in November of 1971. City Administrator Wood reported on the City's population estimate by the State Department of Finance not,ing the current popula- tion within the City is estimated at 14,400 as of October 1, 1972, which represents an increase of 800 (or 5.9%) over the Department's estimate of February 1, 1972. ~ - City Administrator Wood presented a request of the Inter- City Council for appointment of a Council representative to the Alco- holic Commission. It was suggested that this matter be brought up at a future I.C.C. meeting as it was felt that someone other than council members be appointed to this Commission since it is a specialized problem. City Administrator Wood presented a report on the City's , Revenue Sharing Funds noting that on December 11, 1972, the City received ( 'Fire'lns. Grading (I"""" 3417 its first payment ($59,332) under the program. Mr. Wood further noted that this is less than the amount ($66,500) anticipated; however, the funds were transmitted with the explanation that the total amounts were reduced and future corrections would be made. Discussion was had re: the permissible expenditures of these funds. City Administrator Wood presented the Fire Chief's report of the City's recent fire insurance grading noting the City's present Class is 5-B. It was further noted that a major revision of the fire rating system will be in effect January 1, 1973. Fire Chief Brittain answered questions in regard to the fire rating system. Physical Fitness City Administrator Wood presented a report of the Police Chief Prog.-P.D. regarding the development of a physical fitness program for police offi- cers. Discussion was had. Motion was made by Councilman Pate seconded by Councilman Silva and carried approving the physical fitness program and that a budget transfer from Account 14Al ($1480) to 14Cl ($780) and 14B6 ($700) be approved. .... Golf & Country Club Pub. Wks. Contracts Res. #1696 jIIIl'I"I\ .... Freeway Maint. Agree. Res. #l697 -, ..... G i 1 roy Meadows Tr. 5089 Final Accept. City Administrator Wood presented a request of the Gilroy Golf and Country Club for advance payments and that the itemized payments as submitted be made following the receipt of the $4,500 rental payment from the Club operators in January, 1973. Discussion was had; Motion was made by Councilman Hughan seconded by Councilman Silva and carried that this request be granted. Discussion was had on the fill ing of the golf course reservoir. Director of Public Works Henry requested a resolution approving Wage Scales for Public Works Contracts. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Resolution No. 1696 Approvin g Santa Clara and San Benito Counties Building and Construction Trades August 1, 1972 Revised Wage Scales for Public Works Contracts be adopted and the reading of same be waived. RESOLUTION NO. 1696 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY APPROVING WAGE SCALES FOR PUBLIC WORKS CONTRACTS. PASSED AND ADOPTED this 18th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, and DUFFIN NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: GOODRICH Director of Public Works-City Engineer Henry presented a proposed Freeway Maintenanc~ Agreement between the State and City of Gilroy re: 101 Highway between 1.4 miles south of Thomas Road and 0.5 miles north of Leavesley Road. Discussion was had. Motion was made by Councilman Hughan seconded by Counc i lman Silva and carried that Resolution No. 1697 Approving said Freeway Maintenance Agreement and Authorizing Mayor to Execute Same on Behalf of the City be adopted and the reading of same be wa i ved. RESOLUTION NO. 1697 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING FREEWAY MAINTENANCE AGREEMENT. PASSED AND ADOPTED this 18th day of December, 1972, by the following vote: AYES: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, SlOUT, and DUFFIN NOES: COUNC I LMEMBERS: None ABSENT: COUNCILMEMBERS: GOODRICH Director of Public Works-City Engineer Henry recommended Final Acceptance of Gilroy Meadows Tract 5089 (William Lyon Development Company) with the stipulation that the curb and gutter and sidewalks be re-inspected and approved prior to the one-year expiration date. Councilman Stout de- clared himself absent from the discussion. Motion was made by Councilman Pate seconded by Councilman Silva and carried that the Final Acceptance of Gilroy Meadows Tract No. 5089 be approved as recommended. 3418 Commissioners' Terms Grant Deed re: Casey Lane 101 Bypass Opening Adjournment . -_.,-- -------'---...-.. Mayor Protempore Duffin noted Commissioners' terms expiring January 1 f 1973, for reappointment to a full term to expire January 1, 1977. Motion was made by Councilman Stout seconded by Councilman Pate and car- ried that Mrs. Ruth Habing be reappointed to the Library and Culture Commission; Mr. Richard Gomer be reappointed to the Parks and Recreation Commission; and Mr. Cal Ashford be appointed to a full term on the Per- sonnel Commission to replace Mr. Vern Gillott who declined reappointment. Mr. Tony Hernandez' name was submitted for appointment to the Planning Commission, as was the name of Mr. Trevis Berry, eligible for reappoint- ment to said Commission. Council voted to reappoint Mr. Trevis Berry to the Gilroy Planning Commission for a full term expiring January 1 f 1977. Councilman Batrez commented on the deplorable conditions of the Rainbow Apartments on the east side of town. ~ ......, Councilman Pate commented on the Planning Policy Committee's Baylands Plan and suggested that cities not directly related, pass a resolution supporting same. Councilman Pate requested Staff to arrange a meeting to review the County's Open Space Plan to review same in order to present any changes to the Planning Policy Committee. City Administrator Wood noted that the City of Morgan Hill had called, suggesting a meeting date (December 20, 1972, 7:00 p.m.~ on the Sewage Treatment Plant Study. Council suggested this meeting be postponed to a January date. City Administrat,r Wood requested adoption of a resolution author- IZing the Mayor Protempore to execute a grant deed regarding an exchange of lands (Casey Lane and Swanston Lane) between the City of Gilroy and Pieters-Wheeler Seed Company, Inc. Motion was made by Councilman Pate seconded by Councilman Silva and carried that Resolution No. 1698 author- izing the Mayor Protempore to execute said grant deed be adopted and the reading of same be waiv~d. .... - RESOLUTION NO. 1698 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING THE MAYOR PROTEMPORE TO EXECUTE A GRANT DEED. PASSED AND ADOPTED this 18th day of December, 1973, by the following vote: AYES: NOES: ABSENT: COUNCILMEMBERS: BATREZ, HUGHAN, PATE, SILVA, STOUT, and DUFFIN COUNCILMEMBERS: None COUNCILMEMBERS: GOODRICH Discussion was had in regard to the State's tentative plans to open the South Valley Freeway from Cochnane Road to Leavesley Road in January, 1973. Council concurred that this temporary opening would create a hazardous situation and directed Staff to use whatever reason- able methods they can to oppose the temporary opening of the 101 freeway bypass from Cochrane Road to Leavesley Road. Councilman Stout noted the proposed Bicycle Path has been endorsed and the County notified of same. .... At 10:58 p.m., the meeting was adjourned to January 2, 1973. - Respectfully submitted, , . 1/ r;,~ 'I'LL ~. l! O-i,I,c.~, Deputy City lerk