Minutes 1976/12/20
Roll Call
Armand White,
Historian
Certifi cate of
Service
Consent
Calendar
Minutes
3865
Gilroy, California
December 20, 1976
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:03 p.m.
Present: Council Members: George T. Duffin, Marion T. Link, John
E. Pate, David V. Stout and Norman B. Goodrich.
Absent: Council Members: William E. Childers and Dennis L. DeBell.
The Mayor declared a moment of silence in memory of Arman White,
Historian of the City of Gilroy.
The Mayor noted that a Certificate of Service would be mailed to
retired Planning Commissioner, Diana Dorathy.
Councilman Stout recommended that Item IIC" re: Adoption of
Ordinance Amending Zoning Ordinance Sections re: Commercial and Industrial
Zones and Item liD" re: Adoption of Ordinance Establishing Provisions
for a new Commercial/Industrial Zone be removed from the Consent Calendar
for discussion.
Motion was made by Councilman Pate seconded by Councilman Link
that the following items excluding Items "CII and "DII under the Consent
Calendar be adopted by the following Roll Call Vote: Ayes: Council
Members: Duffin, Link, Pate, Stout and Goodrich; Absent: Council Members:
Childers and DeBell.
Approved the minutes of the December 6, 1976, Regular Council
Meeting;
3866
Ord. #76-23
Pappani-
Reservoir
Rezoning
Pub. Hea r. re:
Larry Fri-
sone rezoning
Pierce &
Church Sts.
Salary Merit
Increases
Res. #76-59
Weed Abate.
Ord. #76-24
re: Zoning
Ord. Amend.
re: Adopted Ordinance No. 76-23 Rezoning Pappani (1.02 acres) and
the City of Gilroy Reservoir A (1.794 acres) from IZ (Interim Zone)
to R-l (Single Family Residence) District;
ORDINANCE NO. 76-23
ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID
CITY BY REZONING A 1.794 ACRE PARCEL AND A 1.027 ACRE PARCEL, BOTH
WEST OF THE TERMINUS OF WELBURN AVENUE AND SOUTH OF MANTELLI DRIVE
FROM IZ DISTRICT TO R1 DISTRICT.
PASSED AND ADOPTED this 20th day of December, 1976, by the following
vote:
AYES:
NOES:
ABSENT:
,"""""'~
COUNCIL MEMBERS: DUFFIN, LINK, PATE, STOUT AND GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBERS: CHILDERS AND DeBELL;
-
Set January 3, 1977, as a Public Hearing date on a PUD 76-2
rezoning request of Larry Frisone for property at Pierce and Church
Streets;
Approved Salary Merit Step Increases for the following four
(4) city employees, effective January 1, 1977: Clifford Thome, Fire-
fighter, Range 31.a from Step C, $1109/mo. to Step D, $1164/mo.;
Edward Montez, Firefighter, Range 31 from Step C, $1099/mo. to Step
D, $1153; and Denise Pope, Clerk Typist I, Range 22.5 from Step A,
$663/mo. to Step B, $694/mo.; and effective retroactive to December
1, 1976, for Manuel Valdez, Public Works Maintenance I, Range 25
from Step A, $743/mo. to Step B, $782/mo.;
Adopted Resolution No. 76-59 Declaring Weeds to be a Public
Nuisance, Describing Same, Providing for Publication Thereof and
Setting January 3, 1977, as a Public Hearing for Objection to Pro-
posed Destruction or Removal of said Weeds.
RESOLUTION NO. 76-59
RESOLUTION OF COUNCIL OF THE CITY OF GILROY DECLARING CERTAIN WEEDS ...
GROWING IN THE CITY OF GILROY TO BE A PUBLIC NUISANCE, DESCRIBING
WEEDS WHICH CONSTITUTE SUCH NUISANCE AND PROVIDING FOR GIVING NOTICE
OF THE ADOPTION OF THE RESOLUTION BY PUBLICATION THEREOF.
PASSED AND ADOPTED this 20th day of December, 1976, by the fOllowing
vote:
AYES: COUNCIL MEMBERS: DUFFIN, LINK, PATE, STOUT AND GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: CHILDERS AND DeBELL
Discussed Item IICII removed from the Consent Calendar regarding
adoption of a proposed ordinance amending the Zoning Ordinance
Sections re: Commercial and Industrial Zones. After clarification
of same by Planning Director Bedaux and the City Attorney, motion was
made by Councilman Pate seconded by Councilman Link that Ordinance
No. 76-24 be adopted as presented.
ORDINANCE NO. 76-24
ORDINANCE OF THE CITY OF GILROY AMENDING SECITONS 32.2(a) AND (b),
33.1, 33.2, 34.1, 34.2, 34.6, 42.2 AND 68 AND REPEALING SECTION 34.3
OF THE ZONING ORDINANCE.
PASSED AND ADOPTED this 20th day of December, 1976, by the following ~
vote:
AYES: COUNCIL MEMBERS: DUFFIN, LINK, PATE, STOUT AND GOODRICH ___
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBER&: CHILDERS AND DeBELL
Ord. #76-25 re: Di scuss i on was had on Item "DII, removed from the Consent
Com./Ind. Calendar, regarding adoption of a proposed ordinance establishing
Zone provisions for a new Commercial/Industrial Zone.
City Administrator Wood entered at 8:22 p.m. and took his
seat at the Council table.
Motion was made by Councilman Pate seconded by Councilman
Duffin that Ordinance No. 76-25 be adopted with the following
~""'"
.......
Pub.Hear. re:
Ai r-O-Fan
Rezoning
Sr. Citizens'
1st Anniver-
sary
So. Valley
Refuse Dis-
posal Rates
Federal Signs
Appea 1 ·
Gil roy Golf &
Country Cl ub
Rd., etc.
Imp. "
-...w
3867
corrections: eliminating Sec. 35.4(a)(5) re: Railroad Spur tracks, etc.
from page 3 and eliminating the second sentence under Section 35.10(a)
re: one-half of the landscaped area.
ORDINANCE NO. 76-25
ORDINANCE OF THE CITY OF GILROY ENACTING SECTION 35 OF THE ZONING
ORDINANCE PERTAINING TO CM (COMMERCIAL INDUSTRIAL) DISTRICTS.
PASSED AND ADOPTED this 20th day of December, 1976, by the following vote:
AYES: COUNCIL MEMBERS: DUFFIN, LINK, PATE, STOUT and GOODRICH
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: CHILDERS AND DeBELL
The Mayor stated that it was the time and place scheduled for a
Public Hearing on an application of Air-O-Fan Corporation to rezone
4.70 acres from R-1 to R-2 for property located on the east side of
Kern Avenue, approximately 1,300 feet north of First Street.
Planning Director Bedaux presented and explained the Staff's
Report and recommendation of the Planning Commission on same, recommending
approval of said rezoning request to include only that portion of property
south of the extension of Welburn Avenue and noted by the Planning Director
that the property owners concur with said recommendation.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that the Public Hearing be closed.
Motion was made by Councilman Duffin seconded by Councilman Link
and carried that the reading of the proposed ordinance rezoning said
property for the area recommended be waived and that it be published by
title and summary.
Ms. Elaine Balke addressed the Council and presented a Season
Greeting Card from the Senior Citizens' Card Class at the Community
Center commemorating the Center's first anniversary.
A request of South Valley Refuse Disposal, Inc. for a rate increase
was noted. The Mayor appointed Councilman Duffin, Chairman and Council-
men DeBell and Pate as a Council Advisory Committee to study same and
report back to Council for a recommendation on same.
An appeal of Federal Signs was noted regarding a Sign Variance
Denial by the Planning Commission. Motion was made by Councilman Pate
seconded by Councilman Link and carried that a hearing date of January
17, 1977, be set for said appeal.
The Minutes of the Gilroy Golf and Country Club Meeting of
December 7, 1976, were noted. The Mayor deviated from the Agenda to
note and discuss a report on Golf Course Reservoir under the Director
of Public Works-City Engineer's portion of the Agenda.
Director of Public Works-City Engineer Hansen recommended
leveling the reservoir and further meet with the Golf Course Board of
Directors in regard to the matter. He noted that there would be a
cost to move material from the reservoir that would need a budget amend-
ment to accomplish same.
Councilman Duffin suggested that the paving of the Golf Course
road be deferred until the trucks dumping materials at the reservoir
is eliminated.
Dr. James Neilson, president of the Golf and Country Club, ad-
dressed the Council noting that he has no objection to the City deferring
the matter of paving the road entrance until the trucks dumping materials
in the reservoir are eliminated.
Director of Public Works-City Engineer Hansen noted that presently
it would be no problem to eliminate truck traffic along the edge of the
fairway (upper road) requested by the Golf and Country Club and noted that
the contractors dumping materials in the reservoir have been notified that
no dumping of materials will be allowed after December 31, 1976.
3868
Personnel Com.
Report
12/8/76
Motion was made by Councilman Link seconded by Councilman
Pate and carried that permission be granted to level off the fill with-
in the reservoir after January 1, 1977.
The following informational items were noted with no separate
discussion on same:
Municipal Financing Letter from Stone & Youngberg, dated
December 7, 1976;
ABAG/MTC Corridor Study Information;
.......
Senator Alquist in regard to sale of names and addresses by
the Department of Motor Vehicles.
"".....~
The Report of the Personnel Commission Meeting of December 8,
1976, was noted.
Merit Increase- A recommendation for a merit increase for the Wastewater
K.Mara Treatment Plant Supervisor was noted and explained by City Adminis-
trator Wood. Motion was made by Councilman Duffin seconded by Coun-
cilman Stout and carried that a merit increase for Kabine t1ara, Range
34 from Step "C", $1271/mo. to Step IIDII, $1,335/mo. be approved as
recommended.
Discussion was had regarding the $50.00 membership fees for
the Management Group paid by the City for fraternal and service
organizations.
So. Co. Emergency Noted and discussed a Report on South County Emergency Ser-
Servcies vices Communications Center. Chief of Police Laizure recommended
Center entering into an agreement with the County of Santa Clara for said
services. Motion was made by Councilman Stout seconded by Council-
man Link and carried that the Mayor be authorized to execute the
agreement on behalf of the City with the County of Santa Clara for
the South County Emergency Services Communication Center as recom-
mended.
Executive
Session
Mar-Ranch -
Burchel Rd.
Res. #76-60
Arcadi a Sub.,
Tr. #5706,
Uni t 2
Murray Ave.
Imp. Proj.
75-5
Golf Course
Reservoi r
Sunrise Park-
Tr. 5361
-
..~
A request for an Executive Session to review an annual report
on Management Employees' performances was noted and approved.
A request from Mar-Ranch to exchange rights-of-way on Burchfll
Road was presented and explained by City Administrator Wood. Dis-
cussion was had on the matter. Motion was made by Councilman Pate
seconded by Councilman Duffin and carried that authorization be given
for execution of Quit Claims to include a change in the description and
reserve a 40'easement from the center line of Burchell Road and that the
reading of Res. #76-60 be waived and that it be adopted.
(See Resolution No. 76-60)
Director of Public Works-City Engineer Hansen requested accep-
tance of improvements in Arcadia Subdivision, Unit #2, Tract 5706.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the improvements in Arcadia Subdivision, Unit #2, Tract
5706, be accepted as recommended.
Director of Public Works-City Engineer Hansen requested
acceptance of improvements of Murray Avenue Improvement Project 75-5.
Councilman Stout was absent during the discussion and action on same.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that the improvements of Murray Avenue Improvement Project
1975-5 be accepted as recommended.
.......
\.1'-;;"'.
It was noted that the Report on the Golf Course Reservoir had
been previously discussed earlier this evening.
Director of Public Works-City Engineer Hansen recommended
acceptance of subdivision improvements for Sunrise Park, Tract 5361.
Motion was made by Councilman Link seconded by Councilman Pate and car-
ried that the improvements for Sunrise Park, Tract 5361, be accepted
as recommended.
Calabrese Way
Landscaped
Islands
Santa Teresa
Hills-Tr.
#5965
'<\l<'<'''~
....
Light Rail
Feasi bility
Study
Urban Service
Area
5 Yr. Urban-
Servi ce Area
E.S. Filice
.."nM
Planning Com.
Appointment-
E. Edde
Arch. & Site
Approval
Committee
Reappoi ntments
To Various
Commissions
3869
Director of Public Works-City Engineer Hansen requested tabling
his request for Council to clarify the City's position regarding main-
tenance of landscaped islands on Calabrese Way. Council approved said
request.
Director of Public Works-City Engineer Hansen recommended approval
of the Development Agreement and Tract Map for Santa Teresa Hills Sub-
division, Tract 5965. Councilman Duffin was absent during the discussion
and action on same. Motion was made by Councilman Pate seconded by
Councilman Link and carried that the Development Agreement and Tract Map
5965 for Santa Teresa Hills Subdivision be approved as recommended.
City Administrator Wood noted that a Quit Claim would be required
for said subdivision. Motion was made by Councilman Link seconded by
Councilman Stout and carried that a Quit Claim deed be executed as
recommended to be completed at the time the subdivision map is recorded.
A Report on Light Rail Feasibility Study was noted.
An informational report on the criteria for inclusion into Urban
Service Area was noted.
A request of Ernest S. Filice for inclusion of approximately 19+
acres into the 5 Year Urban Service Area, located south of Uvas Creek,
was noted. Discussion was had.
Mr. Ernest S. Filice addressed the Council and further explained
his request. It was noted that the Planning Commission had recommended
inclusion of 150 acres south of Uvas Creek into the 5 year Urban Service
Area. Motion was made by Councilman Pate seconded by Councilman Duffin
and carried that the Planning Commission's recommendation to include
the 150 acres south of Uvas Creek into the 5 Year Urban Service Area be
denied. Motion was made by Councilman Pate seconded by Councilman
Duffin that the request of Mr. Ernest S. Filice to include the 19+ acres
into the Urban Service Area be denied.
The Mayor recommended appointment of Mrs. Edith Edde to fill the
unexpired term (1-1-78) of Diana Dorathy, retired Planning Commissioner.
Motion was made by Councilman Stout seconded by Councilman Pate and
carried that Mrs. Edith Edde be appointed as Planning Commissioner to
fill the unexpired term of Diana Dorathy.
The Mayor appointed Elaine Long to fill the unexpired term of Mrs.
Edith Edde on the Architectural and Site Control Advisory Committee.
The Mayor recommended reappointing the various Commissioners
whose terms expire January 1, 1977. Motion was made by Councilman Link
seconded by Councilman Pate and carried that the following Commissioners
be reappointed for a full 4-Year term expiring January 1, 1981: Dixie
Del Biaggio, Library and Culture Commission; Frank L. Biafore, Parks and
Recreation Commission; Calvin R. Ashford, Personnel Commission; and
Hiram C. Miller, Planning Commission.
Motion was made by Councilman Pate seconded by Councilman Stout
and carried that the existing applications for the various Commissions
be abolished and that future applications be given to the Mayor rather
than to the Council.
...... Ind. Director A report on the Industrial Director Committee ~1eeting of December
Committee 10, 1976, was noted and discussed. Mr. Jim Roberts, Secretary-Manager
of the Chamber of Commerce and Mr. Jerry Fuchs, representing the Chamber
of Commerce Board of Directors, addressed the Council and further ex-
plained the Committee's recommendation on same. Discussion was had by
Council on the matter.
Motion was made by Councilman Pate seconded by Councilman Stout
and carried that the City allocate $7,500 to the Chamber of Commerce for
an Industrial Director for January 1, 1977, through June 30, 1977, and
$15,000 minimum for the 1977-78 Budget to be reviewmagain in January 1978.
1 3870
Water Conser-
vation
: Councilman Stout suggested that the City review water conser-
vation methods due to water being wasted since the City removed water
restrictions. City Administrator Wood noted that he had intended to
request the Santa Clara Valley Water District to analyze the City's
water situation for a report at the January 3, 1977, Council Meeting
and noted that the South Santa Clara Valley Water District intends to
meet with the agriculture users in regard to the water situation.
Council requested Staff recommend what kinds of methods to be
used and what should be forbidden in regard to water usage at a sub-
sequent meeting of the Council.
Councilman Stout requested that Staff prepare a quantitative
and qualitative study of zoning within the City Limits of the City.
City Administrator Wood noted that the local newspaper has
previously cooperated in requesting citizens to conserve water. Coun-
cilman Pate recommended that Staff study the well levels in the City
sometime in the immediate future.
Murray Ave. 76-7 City Administrator Wood reported that a proposed annexation
Annexation IIMurray Avenue Annexation 76-7" application had been filed with LAFCO
for approval.
Police Dept.
Reorganiza-
tion Proposal
Adjournment
City Administrator Wood inquired when the Council wanted a
Study Session to meet with the Chief of Police in regard to his re-
organization proposal of the Department. Council indicated that q
meeting could be scheduled for sometime in mid-January 1977.
At 10:41 p.m., the Mayor adjourned the meeting to an Executive
Session of the Council.
At 11:40 p.m., the Mayor reconvened the meeting and further
adjourned at 11:42 p.m.
Respectfully submitted,
cL~~ t/d~~-
City Clerk l'