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Minutes 1977/02/22 Roll Call Consent Calendar -.-c~ Minutes ~I",* ~1i nutes Ord. #77-6 R. Drewi tz \ Pub.Hear. re: rezoning- Agnes Elia Pub.Hear. re: rezoning- Joe Garcia 3889 Gilroy, California February 22, 1977 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: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich. Councilman stout requested that the Minutes of the regular Council Meeting of February 7, 1977, be corrected to indicate that he voted IInoll on the adoption of Resolution No. 77-17. (After checking the tape recording of said meeting it was found that Councilman Stout voted "yes" on said REsolution No. 77-17 re: grant application for the Old City Hall Rehabilitation Project.) Councilman Stout further requested that he had indicated that he not participate in the discussion and did not vote on action regard- ing approval of the Development Agreement of Holland Lumber Company. (After checking the tape recording of said meeting it was found that Councilman Stout was absent during the discussion and action taken regarding approval of the Development Agreement of Holland Lumber Company.) The minutes were so corrected. Staff further requested that Item IIDII regarding a Public Hearing date on the rezoning request of Concrete Service Company be removed from the Consent Calendar. Motion was made by Councilman Pate seconded by Councilman Link that the minutes of the February 7, 1977, regul ar Counci 1 :t~eeting be corrected; that Item IIDII be removed from the Consent Calendar and that the following items under said Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin, Link, Pate, Stout and Goodrich; Approved the Minutes of the February 7, 1977, Regular Council Meeting as corrected; Approved the Minutes of the February 8, 1977, Adjourned Regular Council Meeting; Adopted Ordinance No. 77-6 Rezoning .15 acres from Cl to R3 for property of Robert Drewitz located between Old Gilroy and Seventh Streets; ORDINANCE NO. 77-6 ORDINANCE OF THE CITY OF GILROY ~ENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A 41' x 163.81 PARCEL ON THE WEST SIDE OF EAST STREET SOUTH OF SEVENTH STREET FROM Cl DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 22nd day of February, 1977, by the following vote: AYES: COUNCIL MEMB~RS: CHILDERS, DeBELL, DUFFIN, STOUT AND GOODRICH None None LINK, PATE, NOES: ABSENT: COUNCIL MEMBERS: COUNCIL MEMBERS: Set March 7, 1977, as a Public Hearing date on the rezoning reqeust of Agnes Elia from PO (Professional Office) District to R3 (Low-Density Multiple-Family) District located on approximately 11,000 sq. ft. at the southwesterly corner of Broadway and Carmel Streets; Set March 7, 1977, as a Public Hearing date on the rezoning request of Joe Garcia from M2 (General Industrial) District to R3 (Low Density Multiple-Family) District located on approximately 0.6 acres of land at 8050 Swanston Lane; and 3890 Salary ~~erit Step Inc. Pub.Hear. re: Prezoning Blake Prop. Approved the following Salary Merit Step Increases for Nine (9) City Employees effective March 1, 1977, for the first eight employees and February 1, 1977, for the ninth employee listed: Jim Callahan, Police Cadet, Range 21 from Step "A" $3.58 per hr. to Step "B" $3.75 per hr.; Bob Connelly, Recreation Supervisor II, Range 31 from Step "B" $1046 to Step "C" $1099; Dan Crumrine, Police Officer, Range 32 from Step "D" $1211 to Step "E" $1271; John Espi noza, Fi refi ghter, Range 3la from Step "A" $1005 to Step "B" $1056; Gabriel Guerra, Firefighter, Range 32 from Step "A" $996 to Step "B" $1046; Ron Latronica, Police Officer, Range 32.5 from Step "D" $1240 to Step "E" $1302; Manuel Rui z, Groundskeeper I, Range 25 from Step "A" $743 to Step "B" $782; and Gloria Thrasher, Buyer, Range 31.5 from Step "C" $1126 to Step "D" $1183 and Claude Campbell, Sewer Treatment Plant Operator I, Range 28.5 from Step II A" $883 to Step "B" $926. - .... The Mayor stated that it was the time and place scheduled for a Public Hearing on Prezoning 3.36 acres of land belonging to Francis Blake from Al-2.5 (County Agricultural) Zone to M2 (General Indust- rial) District located on the west side of Murray Avenue, approxi- mately 2500' north of Leavesley Road. Planning Director Bedaux presented and explained the Staff's Report on said prezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning request. Mr. Mike Costello, 8595 Murray Avenue, addressed the Council and noted that he would be opposed to said prezoning unless the use of the property is defined. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council on the prezoning matter. - Res. #77-20 ~~otion was made by Councilman Duffin seconded by Councilman Childers that the reading of Resolution No. 77-20 approving the M2 ... prezoning with a Section 49 condition be waived and that it be adopted. Pub.Hear.re: Prezoning W.J.Hanna RESOLUTION NO. 77-20 RESOLUTION OF THE CITY OF GILROY GRANTING A SPECIAL ZONING EXCEP- TION PURSUANT TO SECTION 49 OF THE ZONING ORDINANCE OF SAID CITY PERMITTING M2 (LIGHT INDUSTRIAL) DEVELOPMENT OF A 3.36 ACRE PARCEL LOCATED ON THE WEST SIDE OF MURRAY AVENUE 1350 FEET NORTH OF LEAVESLEY ROAD. PASSED AND ADOPTED this 22nd day of February, 1977, by the following vote: AYES: COUNCIL MEMBERS: Duffin, Link, Pate, Stout N OE S : ABSENT: COUNCIL MEt~BERS: COUNCIL MEMBERS: Childers, DeBell, and Goodri ch None None The Mayor stated that it was the time and place scheduled on a prezoning of 43.52 acres of land belonging to W. J. Hanna from Al-2.5 (County Agricultural) Zone to Rl (Single Family Resi- dence) District located northwesterly of Morey Avenue between Santa Teresa Hills and El Dorado Estates Subdivisions. - Planning Director Bedaux presented and explained the Staff's ... Report in regard to said prezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed prezoning. Mr. W. J. Hanna addressed the Council noting that he was present in the audience and would answer questions, if any, in regard to said prezoning request. - Pub.Hear. re: prezoning- Singer Housing 3891 Motion was made by Councilman Duffin seconded by Councilman Link and carried that the Public Hearing be closed. Discussion was had by Council in regard to said prezoning request. Motion was made by Councilman stout seconded by Councilman Childers that the reading of a proposed ordinance prezoning said property be waived and that it be published by Title and Summary. The Mayor stated that it was the time and place scheduled for a Public Hearing on a prezoning request of Singer Housing Company for 96.89 acres of land belonging to Singer Housing Company from Al-2.5 (County Agricultural) Zone to Rl (Single Family Residence) District located west of Miller Avenue, north of Uvas Creek, east of Westwood Acres, Unit #1 and south of Castlewood Subdivision Units #10, 11 and 12. Planning Director Bedaux presented and explained the Staff's Report in regard to said prezoning request. The Mayor asked if there was anyone in the audience wishing to speak for or against the prezoning request. Mr. Richard Cecchi, representing McKay & Somps addressed the Council and requested modification of the Planning Commission's recom- mendation No.1 regarding the build-out schedule and No. 27 regarding agreement necessary with the School District in regard to school impact. He noted that the original proposal for the build-out schedule was for 98 houses per year; that they would request 74 houses for the first year rather than the 50 houses recommended by the Planning Commission. Mr. Vance Baldwin, representing the School District, addressed the Council requesting that $480.82 be attached to each building permit to alleviate some of the school impact that would result from these additional residences. City Administrator Wood advised Council of the meeting scheduled by Supervisor Sanchez for February 23, 1977, at 7:30 p.m. at Gavilan College with the Cities of Morgan Hill and Gilroy and the School Dis- trict representatives. Mr. Jim O'Brien, representing the Associated Building Industries of Northern California addressed the Council noting that he represents major builders, requesting an opportunity to meet with the School District, City and County to attempt to resolve the school impact problem. He was further advised of the Februa.ry 23, 1977, meeting at Gavilan College. Mrs. Elaine Long, 7580 Westwood Drive, addressed the Council recommending that the Council limit the build-out schedule to 50 houses as recommended by the Planning Commission. She further requested that the City adopt an ordinance limiting the number of building permits allowed by the City per year. Mr. Brian Cunningham, 7240 Ticonderoga, addressed the Council in regard to said prezoning request. City Administrator Wood noted that a typical 2.5 acre parcel assessed valuation of $17,500 in the County is compared to a $120,000 assessed valuation for 2.5 acres of residential development within the City. Mr. Paul Orsetti, 7351 11iller Avenue, addressed the Council and re-emphasized the City's need to limit the buildout schedule to 50 houses per year. Mr. Cecchi, further addressed the Council and requested that their proposed contribution toward school impact be accepted rather than establishing an additional fee per building permit which would in turn be passed on to the buyer. 3892 Recess OPL's Chestnut St. Dr. Bill Patterson, 7771 Princevalle Street, addressed the Council and noted that a subdivision of 300 homes would also gener- ate additional automobiles in the area creating additional air pollution problems. Motion was made by Councilman Link seconded by Councilman Childers and carried that the Public Hearing be closed. Discus- sion was had by Council on the matter. Motion was made by Councilman Duffin seconded by Councilman Childers and carried that the recommendations of the Planning Com- mission be adopted with the re-wording of Item #4 regarding the gravel operation; specifically, that the gravel operation must be phased out within three (3) years of the final approval of the tentative map. Motion was passed by the following Roll Call Vote: Ayes: Council Members: Childers, DeBell, Duffin and Goodrich; Noes: Council Members: Link, Pate and Stout. .... ...... Councilman Pate noted that he would be voting "no" on the motion but not on the concept of the build-out schedule or the proposed fee to alleviate the school impact problem. Councilman Stout noted that he is opposing the build-out schedule because same was economically not practicable; opposed to assessment of a school tax; not in favor of displacing the gravel operation business; and not in favor of requiring the Developer to dedicate property in the Uvas Creek when same had not be required of other developers. Councilman Link noted that he would be voting "noli because if school impact fees are imposed that said should be a set and established figure. Motion was made by Councilman Duffin seconded by Councilman Childers that the reading of the proposed ordinance prezoning Singer Housing Company property be waived and that it be intro- duced and published by title and summary. Motion passed by the following Roll Call Vote: AYes: Council Members: Childers, Duffin, Link, Stout and Goodrich; Noes: Council Member: Pate. - "IIIII! At 10:25 p.m., the Mayor declared a recess and reconvened the meeting at 10:33 p.m. The Mayor stated that it was the time and place scheduled for a Public Hearing for reconsideration of adopted Official Plan Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue. Planning Director Bedaux presented and explained Staff's Report regarding said matter. Director of Public Works-City Engineer Hansen further ex- p 1 ai ned same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Mr. Angelo Ghirlanda, 411 Lewis Street, addressed the Council requesting removal of the adopted Official Plan Lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue in order that he can develop his property. - Mrs. Beverly Kludt addressed the Council requesting that t~e ... official plan lines on Chestnut Street at said location be removed, noting that Forest Street could be a through street with an over- head bridge constructed for the use of the school children at the High School location and noted a similar situation in the City of Los Banos. Mr. Ed Piedmont, 441 Lewis Street, addressed the Council, requesting that Council use Forest Street as a through street opposed to Chestnut Street route and that a screened overhead bridge be in- stalled at the High School site across Forest Street. 'i""",,_,.,;l Pub. Hear. re: Hous. & Com. Dev. Grant Funds ~"c",,\lIII Fireworks 3893 Mr. George Porcella, Old Gilroy and Chestnut Streets, addressed the Council, requesting that Council abandon Chestnut Street as a through street. Discussion was had by Council on the matter. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the Public Hearing be continued to the next regular Council Meeting of March 7, 1977, and that the City Administrator be instructed to attempt to negotiate with Mr. Ghirlanda for purchase of his property in order that the City can maintain the adopted Official Plan Lines. The Mayor stated that it was the time and place scheduled for a Public Hearing on use of additional funds allocated to the City's 1977-78 Budget for the Housing and Community Development Block Grant Act of 1974. City Administrator Wood presented and explained the Staff's report on said matter. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposal. Maria Maldonado, representing Mr. Jose Chapa of the CRLA addressed the Council and inquired as to the purpose of the funds and requested that some of the additional funds be earmarked for a rehabilitation project on the east side of the City. Ann Rosenzweig, representing the Senior Citizens of the CRLA addressed the Council urging housing rehabilitation on the east side of the City this year, if possible. Maria Maldonado, further addressed the Council and requested that Council give serious consideration as to the use of these additional funds. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the Public Hearing be closed. Discussion was had by Council on the proposal. Motion was made by Councilman stout seconded by Councilman Link and carried that the allocation of additional funds proposal to the City's 1977-1978 Budget for the Housing and Community Development Act of 1974 be approved as presented with the exception of $30,000 park construction funds be allocated for a rehabilitation program on the east side of the City. The Mayor deviated from the regular agenda in order to accomodate interested persons in the audience in regard to fireworks. The City Attorney presented a proposed ordinance prohibiting the sale and use of all fireworks within the City. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed fireworks ordinance. Mr. Jim McKeehan, attorney representing a distributor of Safe and Sane Fireworks,~requested that Council not prohibit the Sale and use of Safe and Sane Fireworks within the City of Gilroy. Mr. Frank Vacarillo, 115 East Taylor Street, San Jose, addressed the Council noting that he has sold fireworks to various local organi- zations for sale in the City of Gilroy since 1955 and noted that it is in his opinion, that most injuries relating to fireworks are caused by the so-called IIhard" fireworks, specifically, firecrackers, cherry bombs, etc., and not safe and sane fireworks and requested Council to allow the local organizations to continue to sell safe and sane fire- works within the City of Gilroy. 3894 Sales Tax HR 10210 Unemploy. Ins. Plan. Com. Report 2/17/77 P & R Com. 1/25/77 ~1edi ca 1 & Denta 1 Ins. Police Dept. Reorgani - zation Golf Course Meeting Water Re- sources Title VI CETA Proj . Mr. Mike Costello, commander of a local American Legion Post organization, requested that Council allow the sale of Safe and Sane Fireworks by organizations. Fi re Chief Brittai n noted that if the City all owed the sale I. and use of Safe and Sane Fireworks, the County of Santa Clara would allow same in the City's Urban Service area of the County. Motion was made by Councilman Duffin seconded by Councilman Pate and carried that the proposed ordinance prhibiting the sale and use of Safe and Sane Fireworks in the City of Gilroy be intro- duced, the reading waived and that it be published by title and summary. Councilman Stout voted IInoll on the motion. ... A letter from the City of Palo Alto was noted in regard to allocation of ~~ Sales Tax (Transit) to Cities. ... A letter from the Board of Supervisors of the County of Los Angeles in regard to opposing Mandatory Unemployment Insurance, H. R. 10210, was noted. Ci ty Administrator Wood noted that he would contact the League of Cal ifornil.a Cities to determine if they wi sh to support the County of Los Angeles in this matter. The following informational items were noted with no separate discussion on same. League of California Cities, Peninsula Division in re: to Meetings and Legislative Issues; California Taxpayers' Association, Tax Conference on February 23, 1977. The Report of the Planning Commission Meeting of February 17, 1977, was noted. Council indicated that they would set Study Sessions on the Capital Improvement Program at the next regular meeting of March 7, 1977. - IiIIlIIIIti The Minutes of the Parks and Recreation Commission Meeting of January 25, 1977, were noted. City Administrator Wood presented a report on the medical and dental insurance for employees. Motion was made by Councilman Pate seconded by Councilman Link and carried that the medical and dental insurance for city employees as presented be approved and that same be formulated by the proper agreements as requested. City Administrator Wood noted the Chief of Police's request for a Council Study Session to review previously discussed re- structure of Police Command positions. Council set February 28, 1977, at 8:00 p.m. for a Study Session on same. City Administrator Wood noted a request of the Golf Course to set a Council Advisory Committee Meeting with the Golf Course Board of Directors. Council set March 2, 1977, to meet with the Golf Course Board of Directors. It was noted that Councilman Chil- ders is Chairman of said Advisory Committee and Councilmen Duffin and Stout members of same. - City Administrator Wood noted a letter from the Division of Water Resources on Grant Fundable Treatment Plant and Interceptor Project. City Administrator Wood noted that he would outline same on a map and bring a resolution for consideration at the next regular Council meeting. ... A report on Title VI Public Services Project (CETA) was noted. Motion was made by Councilman Stout that the Title VI Public Services Project (CETA) request as presented be denied. Motion died for lack of a second. Street Tree Planting "',1"'..4 6th St. RR Crossing Hirasaki Warehouse Imp. Off-Site Sewer Chgs. f'II'<!O"~ .....".. Water Produc- tion Building Permits .....,..Ji Conc rete Batch Plant Personnel Rules & Reg. Sewer Adv. Com. 3895 Motion was made by Councilman Pate seconded by Councilman DeBell and carried that the Title VI Public Services Project (CETA) be accepted as presented with the understanding that Staff does not continue any of the proposed projects. Council men Chi 1 ders and Stout voted "no" on the motion. A Report on Street Tree Planting was noted. It was noted by Council that the City had been wasting water on occasion at City parks. It was noted by Staff that same was due to a faulty timer and would be corrected. City Administrator Wood recommended a moratorium on street tree planting and an appeal to citizens to withhold any new planting of lawns, trees, etc. Director of Public Works-City Engineer Hansen reported that the Architectural and Site Control Committee has requested a bond in lieu of any new planting until the drought is over. Motion was made by Councilman Link seconded by Councilman Pate and carried that the City defer any new street tree planting as recom- mended by the Parks and Recreation Department until the present drought subsides. A Report from the Director of Public Works-City Engineer on the status of the Sixth Street Railroad Crossing device was noted. Director of Public Works-City Engineer Hansen presented and explained a request for acceptance of the Alexander Street Improvement Project - Hirasaki Warehouse. Motion was made by Councilman Pate seconded by Councilman Link and carried that the Hirasaki Warehouse Improvement Project be accepted as recommended. Director of Public Works-City Engineer Hansen presented and explained a report on reimbursements for overpayment of Off-Site Sewer Charges. Councilman DeBell noted that he would not take part in the discussion and was absent during action taken on the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the reimbursements for overpayment of Off-Site Sewer Charges as presented be made as recommended. Director of Public Works-City Engineer Hansen presented and explained a report on the November 1976 water production, previously requested by Council. Director of Public Works-City Engineer Hansen recommended that all building permits for residences receive school district clearance prior to the City issuing any permits for same. Discussion was had on the matter. Motion was made by Councilman Pate seconded by Council- man DeBell and not carried that a moratorium be declared on the issuance of all building permits until the next regular Council Meeting except those that have received approval from the school district. Motion was made by Councilman Pate seconded by Councilman Link and carried that a moratorium be declared on the issuance of all building permits for new construction of residential buildings (includ- ing residences, apartments, duplexes, etc.) until the next regular Council Meeting for further discussion at that time. It was further clarified that any present plans being reviewed by the Department of Public Works could be issued building permits for said plans. Planning Director Bedaux requested consideration of the Draft EIR for a proposed Concrete Batch Plant located on 3.5 acres of land north of Luchessa Avenue and east of Jamieson Way. Council continued said matter to the next regular Council meeting of March 7, 1977. Council continued consideration of the adoption of the Personnel Ruels and Regulations to the next regular Council Meeting of March 7, 1977, due to the lateness of the hour. Councilman Stout, chairman, presented a Progress Report of the Council Sewer Advisory Committee. Council requested copies of said report for study of same. 3896 Annex. - So. Chestnut 77-1 & Thomas- Mont.76-8 Water Con- servation propos a 1 San Felipe Suit. State Water Projects : City Admi nistratar Wood noted annexati on appl i cati ons had been filed with LAFCO for South Chestnut Street Annexation 77-1 and Thomas-Monterey Annexation 76-8. City Administrator Wood reported that approximately ten (10) local farmers outstde the City have indicated their interest in re-using industrial wastewater by piping and pumping same from the Sewer Treatment Plant along the Princevalle Storm Drain to the new High School site; past Christmas Hill Park (using said water at both locations); then to the farmers between the City and westerly of the Golf Course, with use also at the Golf Course. He further noted that he would be investigating concurrence with the North Water District for a possible grant to fund said project. Council concurred with said proposal. City Administrator Wood reported on the San Felipe suit in progress that he attended today and recommended that letters be forwarded to all witnesses and the attorney complimenting them on their testimony. Council concurred. City Administrator Wood recommended that the City support the Auburn Dam Project and similar State projects. The Mayor instructed the City Administrator to notify our local federal representatives of the City's support on same. Adjournment At 1:14 a.m., February 23, 1977, the Mayor adjourned the meeting. Respectfully submitted, d2tJt-Jf ~ofb~."k City C erk (/'-