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Minutes 1976/04/19 3796 April 19, 1976 Gilroy, California The Reuglar Meeting of the Gilroy City Council was called to order by His Nonor Mayor Norman B. Goodrich at 8:00 p.m. Roll Call 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. Certificate The Mayro tabled the presentation of a Certificate of Service to of Service Floyd Serrano, retiring Parks and Recreation Commissioner, to the next Regular Council Meeting of May, 1976, as Mr. Serrano was not present. Consent Motion was made by Councilman Pate seconded by Councilman Childers, Calendar 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. Minutes A) Approved the Minutes of the Regular Council Meeting of April 5, 1976. Ord. #76-7 Prezoning req. of So. Co. Castle- wood B) Adopted Ordinance No. 76-7 Amending the Zoning Ordinance by Prezoning 43.5 Acres as R-1 (Single Family Residence), upon annexation, as requested by South County Castlewood, petitioner. ORDINANCE NO. 76-7 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 43.5 ACRES ADJOINING THE CITY OF GILROY AS R-l (SINGLE FAMILY RESIDENT). PASSED AND ADOPTED this 19th day of April, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None Salary Merit C) Approved Salary Merit Step Increases for the following eight Increases (8) City Employees: Rick Brown, Recreation Supervisor I, Range 28.5 from Step A, $833/mo. to Step B, $874/mo.; Michael Burdick, Police Cadet (CETA), Range 21 Step A, $3.38/hr. to Step B, $3.54/~r.; Claude Campbell, Utilityman I (CETA), Range 25.1 Step A, $708/mo. to Step B, $744/mo.; Robert Echt, Utilityman I (CETA), Range 25 Step A, $701/mo. to Step B, $738/mo.; John Espinoza, Firefighter Apprentice (CETA), Range 23.5a, . Step B, $693/mo. to Step C, $726/mo.; Gabriel Buerra and Anthony Holiday, 3797 Firefighter Apprentices, (CETA), Range 23.5 Step B, $637/mo. to Step C, $719/mo.; and Morris McHenry, Firefighter, Range 31.a, Step D, $1098/mo. to Step E, $1153/mo. Budgeted Purch. D) Heard a Report on budgeted purchases exceeding $1,500 for lumber Exceeding and materials and approved low bid of Gilroy Lumber in the amount of $4,283.06 $1500 for ~arks Department Shop Building, as recommended. Bid Opening - Ind. Waste- water Facil. Director of Public Works-City Engineer Hansen reported the following bids were received at an informal bid opening today at 2:00 p.m. for the Industrial Wastewater Facility Improvements - 1976: (1) George C. Renz - $94,509.00; (2) L. D. Folsom, Inc. - $90,949.00; (3) Granite Construction Co. - $77,344.00. Mr. Hansen noted the Engineer's Estimate was $101,291.77 and recommended approval of the low bid of Granite Construction Co. Motion was made by Councilman Link seconded by Councilman Childers and carried that the low bid of Granite Construction Co. in the amount of $77,344.00 be approved. -.... Appeal-T.Ruiz re: P. C. ' s Denial of CUP Pub. Hear. re: The Mayor stated it was the time and place for a public hearing on Rezoning Req.-the rezoning request of petitioners, Doctors Morrell and Cecil ian, for Drs. Morrell property located at 1335 First Street from PO (Professional Office to CI & Cecilian (Neighborhood Commercial)District. The Mayor noted an appeal of Mr. Thomas Ruiz on the Planning Commission's denial of a Conditional Use Permit. The Mayor tabled the hearing to later in the evening to await the presence of Mr. Ruiz. Mr. Robert Foster, attorney for the doctors, addressed the Council explaining the reason for the request was from an economical standpoint and that a real estate firm and a hair dresser had shown a possible interest in locating in the building. Planning Director Michel Bedaux noted the Planning Commission had recommended the rezoning be granted. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had at Council level. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that a proposed ordinance rezoning -- said property be introduced, the reading waived, and that it be published by title and summary. Castlewood Pk. City Administrator Wood presented a petition of Fenton O'Connell Annex. 75-5 et al, requesting annexation of uninhabited territory to be known as "Castle- wood Park Annexati on 75-5 to the City of Gi 1 roy, II located on the south si de of Fourth Street between r~i ller Avenue and the "Sixth Western Additi on, II con- taining 42.458 acres. Motion was made by Councilman Duffin seconded by Ord. #76-8 Councilman Link and carried that the reading of Ordinance No. 76-8 annexing ~aiJ territory be waived and that it be adopted. ORDINANCE NO. 76-8 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "CASTLEWOOD PARK ANNEXATION 75-5 TO THE CITY OF GILROY" IN AND AS A PART OF SUCH MUNICIPALITY FOR THE GOVERNMENT AND MUNICIPAL CONTROL THEREOF. PASSED AND ADOPTED this 19th day of April, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ~""o,;~ Res. #76-17 Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of Resolution No. 76-17 removing Castlewood Park Annexation 75-5 from the Rural Fire District be waived and that it be adopted. - RESOLUTION NO. 76-17 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, "CASTLEWOOD PARK ANNEXATION 75-5 TO THE CITY OF GILROY." PASSED AND ADOPTED this 19th day of April, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout, Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3798 Agric. Preserve Mr. Ray Ball, Industrial Director for the City of Gilroy addressed the Council and stated he had met with Supervisor Sanchez and two members of the Industrial Committee of the Gilroy chamber of Com- merce regarding a proposed 10,360 acre agricultural preserve near Gilroy that would preserve the land for 50 years for farming only. Mr. Ball en- couraged Council to be one of the leading entities in the evaluation of the plan noting the proposal would deny the City access to suitable large acreages that could be developed for industrial use. HYDRA Corp. PIA System Rotary Club Flea Mkt. re: Street Closure League Bulletin Planning Commissioner Trevis Berry noted there was a public hearing scheduled for May 10, 1976, at the County Board of Supervisors Chambers. At that time, the Supervisors are to meet and determine if they are willing to accept the proposal before presentation to the County Planning Commission. Discussion was had and Council tabled the matter to the next regular meeting of May 3, 1976. ...... ~ Mr. Ball requested Council support for HYDRA Corporation Facility - Gilroy Site Evaluation. Mr. Ball stated the firm makes computer-based products. Mr. Larry Brown, 1351 Cedar Court, addressed the Council and stated that, as a member of the audience, he could not hear Council's discussion over the public address system. After investigating, it was noted that the speaker was not turned on. City Administrator Wood presented a request of the Gilroy Rotary Club to close Fourth Street between Monterey and Eigleberry Streets for their Annual Flea Market to be held Saturday, May 1, 1976, from 8:00 a.m. to 5:00 p.m. Council concurred with the City Administrator's recom- mendation to approve said request. City Administrator Wood reviewed several legislative bills in the League of California Cities Bulletin. Councilman Stout recommended the City of Gilroy accept the League's position on said bills. Council concurred. .... BASSA/ABAG re: City Administrator Wood noted letters from the Bay Area Sewage AB 3041 Services Agency and the Association of Bay Area Governments re: AB 3041 (Transposition of Authority for Wastewater Management Planning and Implementation from BASSA to ABAG). Council took no position on the ma tter. Appt. to So. Zone Adv. Committee/ SCVWD Letter of Apprec. Letter of Thanks-J. Calvino Appeal of T. Ruiz re: CUP Denial by Plan. Com. A letter from the Santa Clara Valley Water District was noted appointing Michel Bedaux, Planning Director, to the South Flood Control Zone Advi sory Committee as Alternate Representati ve. A letter from Mr. Benjamin Volk, Menlo Park, was noted commendiDg the Gilroy Fire Department and the Rescue Crew (Firemen Steve CovingtoD and Tim Pyzer and Fireman Apprentice John Espinoza) for the life-savinQ efforts administered to his monther on March 20, 1976. A letter of thanks from Sargeant James Calvino (retired) was noted. The Mayor noted the presence of Mr. Thomas Ruiz and referred back to the hearing regarding his appeal of the Planning Commission's denial to issue a Conditional Use Permit. - Planning Director Bedaux noted the matter was continued from th~ J last meeting, further noting Mr. Ruiz had applied for a CUP to construct four (4) two-bedroom units in an M-2 (Light Industrial) zone on property located 130 feet west of Monterey Street and approximately 250 feet south of Welburn Avenue. Mr. Bedaux explained the Planning Commission denied the CUP on the grounds that the subject area is not conducive fqr residential development and is not consistent with the objectives of t~e General Plan. ...-~~- Mr. Ruiz addressed the Council and noted he had approached his neighbors in the area and stated they had no objections to the construc- tion of these units. Discussion was had. Council noted that this was 3799 an oddball piece of property in that it was an interior lot and not suitable for any type of commercial use. Motion was made by Councilman Childers seconded by Councilman Stout and carried that Council uphold the Planning Commission's decision and deny the appeal of Mr. Ruiz and that the reading Res. #76-18 of Resolution No. 76-18 Affirming the Planning Commission's decision be waived and it be adopted. ""'-" Plan. Com. Report 4/15/76 Spring Clean- Up Month Cap. Imp. Program ~,,:r,:~ RESOLUTION NO. 76-18 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AFFIRMING ON APPEAL RESOLUTION NO. 76-9 OF THE PLANNING COMMISSION DENYING A CONDITIONAL USE PERMIT TO CONSTRUCT APARTMENTS IN AN M-2 (LIGHT INDUSTRIAL) DISTRICT LOCATED AT 30 WELBURN AVENUE. PASSED AND ADOPTED this 19th day of April, 1976, by the following vote; AYES: COUNCIL MEMBERS: Childers, leBell~ Pate and Stout NOES: COUNCIL MEMBERS: Duffin, Link and Goodrich ABSENT: COUNCIL MEMBERS: None Further discussion was had and Council instructed Staff to re-evaluate the entire block and possibly rezone the affected area. Council advised Mr. Ruiz to re-apply for a CUP if such rezoning occurs. The Report of the Planning Commission Meeting of April 15, 1976, was heard noting the Commission recommended the Five (5) Year Capital Improvement Program be forwarded to Council for their review and adoption. A Report on "Spring Cl ean-Up Month" was presented by City Admi ni strator Wood, noting the week of May 3 through 7 was designated as the unlimited rubbish pickup week. City Administrator Wood recommended support of the program. Council concurred. City Administrator Wood presented a Report on the Five (5) Year Capital Improvement Program. Council set April 20, 1976, 4:00 p.m. as a study session to review said Program. So. S.C. Valley City Administrator Wood noted the request of Mr. Fred Angelino, -- Water Cons. President of the South Santa Clara Valley Water Conservation District, to District meet with Council at a time other than a Regular Council Meeting re: his District's position on the conflict between the two (2) water districts. Council determined to set a date after review of the Capital Improvement Program. Insurance COverage Appraisal City Administrator Wood presented a request to obtain quotes for an independent appraisal of all city-insured structures and equipment. Discussion was had. Council denied the request and instructed Staff to factor existing valuations for insurance purposes. Ronan Ave. Imp. Director of Public Works-City Engineer Hansen presented a resolution Proj. 69-1 re:for adoption Directing Making of Amended Assessment re: Segregation of Amend.Assess- Assessment No. 23 - Ronan Avenue Improvement Project 1969-1 and Setting a ment Public Hearing for May 17, 1976. Motion was made by Councilman Pate seconded Res.#76-19 by Councilman Childers and carried that the reading of Resolution No. 76-9 making said amended assessment and setting the public hearing be waived and that it be adopted. ~+:~"'ll, - Final Map re: Tr. 5785 Mira Loma RESOLUTION NO. 76-19 A RESOLUTION DI RECTING ~.1AKING OF M1ENDED ASSESSMENT RE: CERTAIN ASSESSMENTS UNDER RESOLUTION NO. 1334 OF PRELIMINARY DETERMINATION AND OF INTENTION - RONAN AVENUE IMPROVEMENT DISTRICT PROJECT NO 1969-1 - ASSESSMENT NO. 23. PASSED AND ADOPTED at a meeting held on the 19th day of April, 1976, by the following vote: AYES: COUNCIL MEr~BERS: NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS~ Ch i 1 ders , Goodri ch None None DeBell, Duffin, Link, Pate, Stout and Director of Public Works-City Engineer Hansen presented a recommendation to approve the Final Map for Tract 5785, a re-subdivision of a portion of Tract 5487, Mira Loma Valley and requested authorization for the t1ayor and City Clerk to sign the map. Motion was made by Councilman Duffin seconded by Council- man Pate and carried that the Final Map for Tract 5785 be approved and authorize the Mayor and City Clerk to sign same. 3800 Murray Ave. Imp. Director of Public Works-City Engineer Hansen requested approval Proj. 75-5 of a seven (7) day time extension on Murray Avenue Project 1975-5 as a result of delays caused by the relocation of utilities in the area. Councilman Stout requested to be absent from discussion on same due to a conflict of interest. Motion was made by Councilman Pate seconded by Counci1IDan Childers and carried that said time extension be approved as requested. Sidf!walk Repair Directoy of Publ ic Works-City Eng";neer Hansen requested approval Prog. Con- of specifications and authorization to advertise for bids for Sidewalk tract #2 Repair and Replacement Project - Contract #2, noting the contract with Andero Construction Company had run out of time; further noting if the program is to be completed, a new contract must be offered. Discussion was had; specifically, on the amount of time taken to repair some of the sidewalk portions. Motion was made by Councilman Pate seconded by Councilman Link and carried that the specifications for the Sidewalk Repair and Replacement Project - Contract #2 be approved and authorized the call for bids specifying the work be completed in a reasonable amount of time. The bid opening date was set for May 13, 1976. Handicapped Parking-Res. #76-20 ...... - City Administrator Wood presented a resolution for adoption designating parking locations for the physically handicapped. Motion was made by Councilman Pate seconded by Councilman Link and carried that the reading of Resolution No. 86-20 designating parking areas for the physically handicapped be waived and that it be adopted. RESOLUTION NO. 76-20 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY AUTHORIZING PARKING FOR PHYSICALLY HANDICAPPED PERSONS WITHIN THE CITY. PASSED AND ADOPTED this 19th day of April, 1976, by the following vote: AYES: COUNCIL MEMBERS: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich NOES: COUNCIL MEMBERS: None ABSENT: COUNC IL ~~EMB ERS: None ..... Intro. Ord. re:: City Administrator Wood explained a proposed ordinance amending Creation of Section 2.1, and repealing Sections 2.44(6) and 2.45(g) of the City Code ..'''" Plan.Dept. and enacting Chapter 2, Article XVI, creating the Department of Planning. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that a proposed ordinance creating the Department of Planning be introduced, the reading waived, and that it be published by title and summary. Appt. to P & R Com. Underground Utilities Instal. Committee Sphere of In- fl uence re: Resource Cons. Dist. The r~ayor noted the appoi ntment of Mrs. Margaret L. Voorhees, 1193 Ortega Circle, to the Parks and Recreation Commission to fill the unexpired term of Mr. Floyd Serrano (1/1/79). Mayor Goodrich appointed the following citizens to the Underground Utilities Installation Committee: Councilman George Duffin, Chairman; Larry Brown, Continental Telephone Co.; Harmon Carter, P. G. & E.; Dave Hansen, Department of Public Works; Gary George, Downtown Merchants; E. H. Bibbens, Chamber of Commerce; and Midge Chiesa, Planning Commission and First Street businesses. Mr. Fred Angelino, addressed the Council and apologized for not staying at the last Council Meeting for discussion of LAFCO's Report on the Sphere of Influence for Resource Conservation Districts. Mr. Angelino introduced Mrs. Doris Leverton, preseident of the Loma Prieta Soil s Conservati on Di stri ct, who requested that Council not support the consolidation of the three Resource Conservation Districts (Loma Prieta, Black Mountain and Evergreen) as recommended in LAFCO's Report. Discussion was had on the fact that a portion of the City is in the Loma Prieta Soils Conservation District and a portion of it is Jout. ...... - Mr. George Britton, Morgan Hill, addressed the Council and stated he feels they should have the input of the Council on the matter. 3801 Af.ter much discussion, motion was made by Councilman Pate seconded by Councilman Duffin and carried that Council go on record as opposing the consolidation of the three districts but would recommend to LAFCO that the City of Gilroy is in favor of adopting Policy #5 of the Sphere of Influence Report detaching all territory, currently within an RCD and also within a city, from the RCD and further adopting Policy #4 which states that annexa- tion of a territory to the City be conditioned upon the detachment of that territory from a resources conservation district. Councilman Link voted IInoll on the motion. Trailer Permit- City Administrator Wood presented a request from Mr. John Alonzo J. Alonzo (continued from last meeting) to set a house trailer at 544 E. Sixth Street. It was noted that Mr. Alonzo was not in the audience. Motion was made by Councilman Stout seconded by Councilman Childers and carried that the request of Mr. Alonzo be denied. Root Pruner Demonstra- ti on 01 d City Hall ICC Meeting Adjournment City Administrator Wood noted there would be a root pruner demonstration at 9:00 a.m., Wednesday, April 21, the location to be decided upon, and re- quested interested Councilmembers to attend. City Administrator Wood stated he would set up a meeting with the architect that did "01d Town" in Los Gatos regarding methods of rehabilitating the Old City Hall. The Mayor noted an InterCity Council Meeting, May 5, 1976,9:15 a.m., in Senator Alquist's Office in Sacramento. At 10:35 p.m., the Mayor adjourned the meeting. Respectfully submitted, ~{t::' ~ epu y C, Y C er