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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'