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~