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Minutes 1977/03/07 Roll Call Consent Calendar 3897 Gilroy, California March 7, 1977 The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Protempore George T. Duffin at 8:00 p.m. Present: Council Members: Dennis L. DeBell, George T. Duffin, Marion T. Link, John E. Pate and David V. Stout. Absent: Council Members: William E. Childers and Norman B. Goodrich. Mayor Protempore Duffin noted that the Mayor was absent represent- ing the City at a dinner meeting. Mayor Protempore Duffin removed Item "Dl1 regarding adopting an ordinance prohibiting the sale and use of all fireworks within the City from the Consent Calendar for further discussion of same. Staff noted that Item "G" regarding the request of the National Multiple Sclerosis Society for waiver of the solicitation permit fee was for a one (1) year period and should be limited. Motion was made by Councilman DeBell seconded by Councilman Stout that the following items under said Consent Calendar excluding Item "D" regarding Fireworks Ordinance be approved by the following Roll Call Vote: Ayes: Council Members: DeBell, Link, Pate, Stout and Duffin. Absent: Council Members: Childers and Goodrich. 3898 Minutes Approved the Minutes of the Regular Council Meeting of Febru- ary 22, 1977; Ord. #77-7 re: Adopted Ordinance No. 77-7 prezoning 43.51 acres of land be- Prezoning-W.J. longing to Walter J. Hanna from A-I (2.5)(County Agricultural)Zone Hanna Property to R-l (Single Family Residence) District located northwesterly of Morey Avenue between Santa Teresa Hills and El Dorado Estates Sub- divisions; Ord. #77-8 Prezoni ng Singer Hous i ng Res. #77-21- Stop Signs- Princevalle & 8th Sts. Pub.Hear. re: Steve Poli Mu lt i p 1 e Sclerosis Solic.Permit ORDINANCE NO. 77-7 ORDINANCE OF THE CITY OF GI~ROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 43.51 ACRES ADJOINING THE CITY OF GILROY NORTHWESTERLY OF ~mREY AVENUE AND CALABRESE WAY AS R-l (SINGLE FAMILY RESIDENCE). PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich - Adopted Ordinance No. 77-8 prezoning 96.89 acres of land be- longing to Singer Housing Company (Robert Munson, Sr., et al) from A-l(2.5) (County Agricultural) Zone to R-l (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; . ORDINANCE NO. 77-8 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY PREZONING 96.89 ACRES ADJOINING THE CITY OF GILROY WEST OF MILLER AVENUE AND NORTH OF UVAS CREEK AS R-l (SINGLE FAMILY RES I DENCE) . PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich - Adopted Resolution No. 77-21 Establishing a Four-(4) Way Arterial Stop at the intersection of Princevalle and Eighth Streets and directing installation of said stop signs; RESOLUTION NO. 77-21 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ESTABLISHING A FOWR- WAY ARTERIAL STOP AT THE INTERSECTION OF PRINCEVALLE STREET AND EIGHTH STREET IN THE CITY OF GILROY. PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich Set March 21, 1977, as a Public Hearing date on a rezoning request of Steve Poli for property located on the southwest corner of Old Gilroy and Forest Streets from C-2 (General Commercial) to R-3 (Low-Density Multiple-Family) District containing .34 acres; Granted a two (2) months solicitation permit with fee to be waived for fund drive of the National Multiple Sclerosis Society. ..",~ Discussed Item "D" regarding adoption of a proposed ordinance Fireworks Ban prohibiting the sale and use of all fireworks in the City of Gilroy. Councilman Stout noted that he had requested that same be removed from the Consent Calendar in order for Council to further discuss same. ...... Mayor Protempore Duffin asked if there was anyone in the audience wishing to speak for or against the adoption of the proposed ordinance. Mr. Frank Herdman, attorney from the firm of Cunningham & Gates, addressed the Council representing local organizations previously selling Safe and Sane Fireworks as one of their fund raising projects requesting permission to sell Safe and Sane Fireworks in box assort- ments only; limiting sale to sixteen (16) years and over; limiting ~d Recess Bids re: Down- t own All ey Repl acement Proj. 77-1 (Phase II) '~~ Bids re: So. Shelter of Equip.Maint. Bldg. Cont'd pub. hear. re: OPL's-Chest- nut St. Pub.Hear. re; Elia rezoning 3899 the sale of said fireworks from July 1st through July 4th and issuance of safety pamphlets to all customers. The following representatives of local organizations addressed the Council requesting Council to permit their organizations to continue to sell Safe and Sane Fireworks. Mr. Tom Buntoff, Youth Chritian Movement; Mike Silacci, Jaycees; Mike Costello, Commander, American Legion; Al Diaz, Gilroy High School Booster Club. Fire Chief Brittain addressed the Council recommending to ban sale and use of Safe and Sane Fireworks within the City of Gilroy. Council placed the proposed ordinance prohibiting the sale of Safe and Sane Fireworks in abeyance for 1977 and instructed the City Attorney to prepare a resolution permitting the sale and use of Safe and Sane Fireworks within the City of Gilroy with the conditions out- lined by Mr. Frank Herdman, attorney, specifically, that said fireworks be sold in box assortments only; limiting the sale to sixteen (16) years and over; limiting the sale from July 1 through July 4 and that safety pamphlets be issued to each customer. Mayor Protempore Duffin declared a recess at 8:34 p.m. and re- convened the meeting at 8:35 p.m. Director of Public Works-City Engineer Hansen presented and explained a report of bids received March 3, 1977, for the Downtown Alley Project 1977-1 (Phase II), recommending that the low bid of George C. Renz Construction Company, Inc. in the amount of $109,369 be awarded subject to concurrence from the Department of Economic Agency. It was noted that the Engineer's estimate for this project was $113,285.00. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the bid of George C. Renz Construction Company, Inc. for the Downtown Alley Project 1977-1 (Phase II) be awarded as recom- mended and that the Mayor be authorized to execute the contract on behalf of the City. Bay Director of Public Works-City Engineer Hansen presented and explained a report on bids to erect the South Bay Shelter of the Equip- ment Maintenance Building recommending the award of the bid to Salinas Steel Builders, Inc. in the amount of $2,576.00. Motion was made by Councilman Stout seconded by Councilman Link and carried that the bid of Salinas Steel Builders, Inc. in the amount of $2,576.00 be awarded for erecting the South Bay Shelter of the Equip- ment Maintenance Building and that the necessary budget amendment to the 1977-78 Budget be authorized for said project. Council agreed that the concrete removal be decided by Staff whether the City or contractor should do said work. The Mayor Protempore noted that this was the time and place scheduled for the continued public hearing for reconsideration of adopted official plan lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue. Staff recommended that said public hearing be further continued in order to obtain a current appraisal figure for the Ghirlands property. Motion was made by Councilman Pate seconded by Councilman Link and carried that the public hearing for reconsideration of adopted official plan lines for Chestnut Street between Lewis Street and I.O.O.F. Avenue be continued to April 4, 1977, in order for Staff to obtain a current appraisal of the Ghirlanda property as recommended. The Mayor Protempore stated that it was the time and place scheduled for a public hearing on a rezoning request of Agnes Elia from PO (Professional Office) to R-3 (Low Density Multiple-Family) District located on approximately 11,000 sq. ft. at the southwest corner of Broadway and Carmel Streets. 3900 Pub.Hear. re: Rezoning-Joe Garcia Morey Ave. Annex. 76-6 Ord. #77-9 Planning Director Bedaux explained the Staff's Report on said rezoning request. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposed rezoning request. Mr. Bill Filice, real estate broker, representing Mrs. Agnes Elia, noted that the applicant would agree upon whatever conclusions are arrived at of meetings currently in process regarding school impact. Motion was made by Councilman Stout seconded by Councilman ___ Pate and carried that the public hearing be closed. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the proposed ordinance rezoning said property be introduced and published by title and summary subject to the condition currently at the point of discussion regarding school impaction. ... The Mayor Protempore stated that it was the time and place scheduled for a public hearing on a rezoning request of Joe Garcia from M2 (General Industrial) District to R-3 (Low-Density Multiple- Family) District located on approximately 0.6 acres of land at 8050 Swanston Lane. Planning Director Bedaux explained Staff's Report on said re- zoning request. The Mayor Protempore asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. Mr. William K. Henry, Civil Engineer, representing Mr. Joe Garcia, addressed the Council and noted that the applicant would agree upon whatever conclusions are arrived at from meetings cur- rently in process regarding school impact. Motion was made by Councilman Stout seconded by Councilman Link and carried that the public hearing be closed. Motion was made by Councilman Stout seconded by Councilman Link and carried that the proposed ordinance rezoning said propert~ be introduced and published by title and summary subject to the condition currently at the point of discussion regarding school impaction, and that the existing buildings be brought up to Code and any future school impact fees. - - A petition from W. J. Hanna, et al, requesting annexation of property to be known as "r~orey Avenue Annexati on 76-6 to the Ci ty of Gi 1 roy" for property 1 ocated on the northerly s ide of Hecker Pap Hgihway, westerly of Morey Avenue and containing 43.51 acres was noted and the location of said proposed annexation explained by Ciry Administrator Wood. Motion was made by Councilman Stout seconded by Councilman Link that the reading of Ordinance No. 77-9 be waived and that it be adopted annexing "Morey Avenue Annexation 76-6 to the City of G i 1 roy. " ORDINANCE NO. 77-9 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THF CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS "r~OREY AVENUE ANNEXATION 76-6 TO THE CITY OF GILROY." PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich ... .. Res. #77-22 ."F. Miller Ave. Annex. 76-5 Ord. #77-10 ~"."'H:II ....... Res. #77-23 3901 Motion was made by Councilman Stout seconded by Councilman Link that the reading of Resolution No. 77-22 removing "Morey Avenue Annexa- tion 76-6 to the City of Gilroyll from the Gilroy Rural Fire District be waived and that it be adopted. RESOLUTION NO. 77-22 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 IIMOREY AVENUE ANNEXATION 76-6 TO THE CITY OF GILROY." PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich A petition from Robert C. Munson, Sr., et al, requesting annexa- tion of property to be known as IIMi ller Avenue Annexati on 76-5 to the City of Gilroy" for property located on the south side of Fourth Street between Miller Avenue and the Sixth Western Addition containing 96.89 acres was noted and the location of said proposed annexation explained by City Administrator Wood (Singer Housing Co.). Motion was made by Councilman Stout seconded by Councilman Link that the reading of Ordinance No. 77-10 be waived and that it be adopted annexing "Miller Avenue Annexation 76-5 to the City of Gilroy.1I ORDINANCE NO. 77-10 AN ORDINANCE PROVIDING FOR THE ALTERATIONS OF THE BOUNDARIES OF THE CITY OF GILROY BY THE ANNEXATION THERETO OF CERTAIN UNINHABITED TERRITORY DESIGNATED AS IIMILLER AVENUE ANNEXATION 76-5 TO THE CITY OF GILROY. II PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich Motion was made by Councilman stout seconded by Councilman Link that the reading of Resolution No. 77-23 removing IIMiller Avenue Annexa- tion 76-5 to the City of Gilroy" from the Gilroy Rural Fire District be waived and that it be adopted. , RESOLUTION NO. 77-23 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 "MILLER AVENUE ANNEXATION 76-5 TO THE CITY OF GILROY.II PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: DeBell, Link, Pate, Stout and Duffin NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Childers and Goodrich S.C.Valley Water Mr. Lloyd Fowler, Santa Clara Valley Water District, addressed District the Council and presented information in regard to South Valley Water Management Activity. E. Freeway Annex. 77-2 b........,.. League Bulletin City Administrator Wood noted that a proposed annexation applica- tion for Sarah Brem property would be filed with LAFCO tomorrow to be known as "East Freeway Annexat ion 77-2 to the City of Gil roy. II He fur- ther reported that Monray Roof Tile Company is proposing to locate said manufacturing facilities on said property. Representati ves of Monray Company addressed the Counci 1 in regard to their proposed business operation. Council had no objection to filing of said annexation application with LAFCO. Noted and discussed the League of California Cities Legislative Bulletin, dated February 25, 1977. Council instructed the City Adminis- trator to notify the League of the City concurring with SB 164 regarding Police and Fire Compulsory Arbitration. 3902 Historic Noted a letter from Santa Clara County Historical Heritage Resources Commission in re: to Endangered Historic Resources. Council re- ferred same to the Library and Culture Commission and the Historical Society for recommendation and comments regarding same. Water Re-Use Noted and discussed a letter from South County Water Conser- vation District in regard to Water Re-Use. Councilman DeBell recommended that the City notify the South Valley water District to request local agricultural users and well owners to conserve water. Glen Ranch Gen. Plan Update(Co.) Food Bank S.C.Valley Coalition P & R Di r. Water Con- servati on San Felipe Div. Proj. Plan. Com. 3/3/77 Lib. & Cult. Com. Meet. 2/1/77-Appt. of H. Smith, City Historian Personnel Com. 2/23/77 P & R Com. 2/22/77 ..... A letter from the South Valley Development Corp. in regard to the Glen Ranch land use proposals was noted. ..... A letter from the County of Santa Clara was noted in regard to the General Plan Update Program. City Administrator Wood recom- mended that they consider the City's portion of said plan and invite the County Planning Department Staff to discuss the contents of the report with the Council. Councilman Pate noted that he is open for comment to report back to the County Planning Policy Committee on said matter. A letter from the Food Bank was noted requesting use of the Fire Stations as collection sites; Motion was made by Councilman Link seconded by Councilman Pate and carried that the Food Bank be allowed to use the fire stations as collection sites as requested. A letter from the Santa Clara Valley Coalition was noted requesting adoption of a Council resolution on property taxes. Council took no action and tabled said request. . The following informational items were noted with no separate discussion on same: ... Election of Director of Parks and Recreation Ayer to National Recreation and Parks Association Pacific Southwest Regional Council; State Emergency Services in re: to Drought Assistance; ~f State Solid Waste Management Board in re: to County of Santa Clara Plan; and Local Members of Congress in re: to San Felipe Division Project Funding. The Report of the Planning Commission Meeting of March 3, 1977, was noted. The Minutes of the Library and Culture Commission Meeting of February 1, 1977, were noted. Motion was made by Councilman Pate seconded by Councilman Link and carried taht Mr. Howard Smith be appointed City Historian as recommended by the Commission. The Report of the Personnel Commission Meeting of February 23, 1977, was noted. ~ The Minutes of the Parks and Recreation Commission Meeting of February 22, 1977, were noted. ... Monthly Reports The Summary of Monthly Reports of January 1977 was noted and discussed. Sewer Treat. Plant So. 7th St. Beaut. Proj. (Monterey St.) A Report on a recent meeting with the State Water Resources in regard to Sewer Treatment Plant Capacity was noted. A Report on architects for the south of Seventh Street Beautification Project on Monterey Street was presented and further explained by Parks and Recreation Director Ayer. He recommended hiring the architect firm of Townscape, Inc., estimating their fee at $8,900.00. Discussion was had on the matter ABAG Corri dor Study 'fN"" So.Co. Emerg. Communica- ti ons Ctr. '...... Planning Director Proposed School Impact Fee Garden Va 11 ey Foods Ware- house - .. Water Well conditions Water Kits 3903 Council requested that Staff obtain other architect estimates for said project~ and determine from the DowntONn Merchants and property owners to what extent they will cooperate with the proposed project. A Report on the ABAG Corridor Study was noted and the meeting in Morgan Hill on March 10, 1977, regarding same. Council was urged to attend said meeting if possible. A Report on a rental agreement for a South County Emergency Communications Center to be located at the Gilroy Police Department was noted and discussed. Motion was made by Councilman Stout seconded by Councilman Pate and carried that the Rental Agreement with the County for said Emergency Communications Center proposed be approved and that same be executed. City Administrator Wood presented a report in regard to the permanent appointment of the Director of Planning, Michel A. Bedaux. Council had no objection to said appointment. City Administrator Wood presented and explained a report on a recent meeting on the proposed school impact fee on new housing. Motion was made by Councilman Link seconded by Councilman stout and not carried due to lack of a majority to remove the moratorium on residential building permits. Roll Call Vote: Ayes: Council Members: DeBell and Pate. Noes: Council Members: Link and Stout. Absent: Council Members: Childers and Goodrich. Mayor Protempore did not vote since either vote would not be a majority of the Council. Further discussion was had on the matter. Mr. Vance Baldwin, representing the Gilroy Unified School Dis- trict, addressed the Council in regard to the school impact fee proposal. Motion was made by Councilman DeBell seconded by Councilman Pate and not carried that Staff be allowed to issue residential building per- mits if a letter agreement by the applicant to the School District is presented at the time the building permit is obtained agreeing to pay future fees if and when it is applied to building permits. Said motion was n0t carried due to a lack of a majority of the Council. Further discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Pate and carried by the following Roll Call Vote that the moratorium on building permits for residences be removed with the proviso that any developer making application to the City for any residential building permit shall have an agreement with the School District based upon conclusions of meetings currently in process regarding school impaction. Ayes: Council Members: DeBell, Link, Pate, Stout and Duffin. Absent: Council Members: Childers and Goodrich. It was clarified that this would apply to building permit applications filed as of March 8, 1977, and after that date. Director of Public Works-City Engineer Hansen presented a request for acceptance of the Development Agreement for Garden Valley Warehouse. Motion was made by Councilman Stout seconded by Councilman Link and carried that the Development Agreement with Garden Valley Foods Warehouse be approved as recommended. Director of Public Works-City Engineer Hansen presented a report on water well condition projections and recommendations to lower Well #1 sixty (60) feet for $7,100 which includes a 150 horse-power motor. Motion was made by Councilman Stout seconded by Councilman Link and carried that Well #1 be lowered sixty (60) feet as recommended for $7,100 to include the 150 horse-power motor and that the necessary amendments and transfers be made to the 1976-77 Budget for said project. Director of Public Works-City Engineer Hansen reported that the Water Guards for water conservation are now available at $2.00 per kit. T 3904 Conc rete Batch Plant Res. #77-24 Pers. Rul es & Regulations Golf Course Adv. Com. Adjournment Planning Director Bedaux requested consideration of the Draft EIR for the proposed Concrete Batch Plant located on 3.5 acres of land north of Luchessa Avenue and east of Jamieson Way. Motion was made by Councilman Pate seconded by Councilman Stout and carried that same be continued to the next regular Council Meeting of March 21, 1977. A resolution was presented adopting and approving the Per- sonnel Rules and Regulations with corrections and changes sub- mitted for approval. Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman ~ Pate that the reading of Resolution No. 77-24 be waived and that it be adopted. RESOLUTION NO. 77-24 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY ADOPTING PERSONNEL RULES AND REGULATIONS. PASSED AND ADOPTED this 7th day of March, 1977, by the following vote: AYES: . NOES: ABSENT: COUNCIL MEMBERS: DeBell, Link, Pate and Duffin COUNCIL MEMBERS: stout COUNCIL MEMBERS: Childers and Goodrich City Administrator Wood reported on a Golf Course Advisory Committee Meeting with the Golf Course Board of Directors noting that a Feasibility Study to be paid for by the Golf Club has been proposed regarding the existing holes and additional land required for expansion of the Golf Course. City Administrator Wood noted that he had tickets available for the Annual St. Patrick's Day Dinner. At 11:44 p.m. motion was made by Councilman Pate seconded by Councilman Link and carried that the meeting adjourn to Tuesday, March 15, 1977, at 8:00 p.m. to certify the official canvass of returns for the March 8, 1977, General Municipal Election. Respectfully submitted, / .. dU~f!:;'{l:: pJ4:::u~