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Minutes 1977/03/21 1 3907 Gilroy, California March 21, 1977 Roll Call The Regular Meeting of the Gilroy City Council was called to order by His Honor Mayor Norman B. Goodrich at 8:00 n.m. Present: Council Members: Brian D. Cunningham, Roberta H. Hughan, Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent: Council Member: William E. Childers. Consent Calendar Motion was made by Councilman Link seconded by Councilman Pate that the following items under the Consent Calendar be approved by the following Roll Call Vote: Ayes: Council Members: Cunningham, Hughan, Link, Pate, Stout and Goodrich; Absent: Council Member: Childers. Minutes Approved the Minutes of the Regular Council Meetinq of March 7, 1977; 3908 Approved the Minutes of the Adjourned Regular Council Meeting of March 15, 1977; Res.#77-26 Adopted Resolution No. 77-26 Permitting Safe and Sane Fireworks with conditions requested by Council at the March 7, 1977 Regular Council Meeting; Salary Merit Step In- creases Ord. #77 -11 RESOLUTION NO. 77-26 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY REGULATING THE SALE OF "SAFE AND SANE" FIREWORKS PERMITTED UNDER SECTION 10.10 (b) OF THE GILROY CITY CODE. PASSED AND ADOPTED this 21st day of March, 1977, by the fOllowing vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CHILDERS;. -- I i -- Approved the following Salary Merit Step Increases for Nine (9) City Employees: Don Anderson and Harold Jones, Police Officers, Range 32.5 from Step "D" $1240. to Step "E" $1302.; Steve Baty, Police Cadet, Range 21 from Step "B" $3.75 per hr. to Step "C" $3.92 per hr.; Wade Berry, Tree Climber, Range 27 from Step "B" $861. to Step IIC" $904.: Len Caredio, Equip- ment Service Person, Range 25 from Step "C" $819. to Step "D" $861.; Gregory Giusiana, Police Officer, Range 32.5 from Step "B" $1125. to Step "C" $1183.; Maria Guzman and Yvonne Montey, Clerk Typists I, Range 22.5 from Step "B" $694. to Step "(11 $728.; and Jose Sandoval, Public 140rks Maintenance I, Range 25 from Step "A" $743. to Step "B" $782.; Adopted Ordinance No. 77-11 Rezoning Property of Agnes Elia from PO (Professional Office) District to R-3 (Low-Density Multiple- Family) Dis- trict located on approximately 11,000 sq. ft. at the southwest corner of Broad- way and Carmel Street; ORDINANCE NO. 77-11 QRDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING AN 11,000 SQUARE FOOT PARCEL AT THE SOUTHWEST CORNER OF BROAD- WAY AND CARMEL STREETS FROM PO DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 21st day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRI~H. NOES: COUNCIL MEMBERS: None . ABSENT: COUNCIL MEMBER: CHILDERS; - .... Ord.#77-l2 Adopted Ordinance No. 77-12 Rezoning Property of Joe Garcia from M2 (General-Industrial) District to R-3 (Low-Density Multiple-Family) Dis- . trict located on approximately 0.6 acres of land at 8050 Swanston Lane; Police Vehicles Pub.Hear.re: Rezoning- S.Poli ORDINANCE NO. 77-12 ORDINANCE OF THE CITY OF GILROY AMENDING THE ZONING ORDINANCE OF SAID CITY BY REZONING A PARCEL AT 8050 SWANSTON LANE FROM M2 DISTRICT TO R3 DISTRICT. PASSED AND ADOPTED this 21st day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CHILDERS. City Administrator Wood presented and explained a report on bids received March 17, 1977 for six (6) Police Vehicles. Discussion was had on the matter. Motion was made by Councilman Stout seconded by Councilman Link and carried that the bid of Gilroy Motors in the amount of $31,753.88 be awarded for six (6) vehicles. Councilman Cunningham voted "no" on the motion. .""IIIIII! ..... The Mayor stated that it was the time and place scheduled for a Public Hearing on a rezoning request of Steve Poli for property on the south- east corner of Old Gilroy and Forest Streets from Cl (General Commercial) District to R3 (Low-Density Multiple-Family) District, containinq .34 acres. Planning Director Bedaux explained Staff's Report on same. The Mayor asked if there was anyone in the audience wishing to speak for or against the proposed rezoning. There was no comment from any- one in the audience. Motion was made by Councilman Link seconded by Council- man Pate that the Public Hearing be closed. Bl dg. Mora- torium- County - I '.... Vandalism Prev~ntion Task Force 3909 Motion was made by Councilman Stout seconded by Councilman Link that the reading of the proposed ordinance rezoning said property be waived, that it be introduced and published by title and summary. The Mayor asked if there was anyone in the audience wishing to discuss an item not agendized. Mr. David Martizich, 9005 New Avenue representing a group of people in the unincorporated area, east of Gilroy, addressed the Council re- questing the opinion of the Council on the building moratorium and the pro- posed agricultural preserve in the southern portion of the County of Santa Clara. Discussion was had on the matter. Motion was made)y Councilman Stout seconded by Councilman Pate and catried that the Council opposes the action taken by the Board of Super- visors in regard to the building moratorium noting that they are open for a compromise proposed to be worked out at a future date. Mr. Jim Roberts, Manager of the Chamber of Commerce noted that the Chamber Board had adopted a resolution opposing the moratorium and is in favor of the variable density proposal. A letter from Superintendent, Vance Baldwin, of the Gilroy Unified School District in regard to Vandalism Prevention Task Force was noted. Mr. Baldwin addressed the Council and further explained the matter. Motion was made by Councilman Pate seconded by Councilman Link and carried that the City support the concept of a Vandalism Prevention Task Force proposed and authorized the Mayor to inquire if those representatives suggested for said Committee were interested in same and make said appointments but not neces- sarily compelled to making appointments from said recommendation. Public Address The Mayor ordered the Public Address System in the Council Chambers System to be corrected. Staff noted that a Sound Equipment Consultant had estimated the cost to repair said Public Address System to be approximately $2000.00. -- Council had no objection to same and ordered said Public Address System repaired. P.U.D. Zoning A request for a time extension of the P.U.D. Zoning from Mr. T. T.Kawano Kawano, et ux was noted. Councilman Cunningham did not enter into the dis- cussion of same and did not vote on the action taken due to a conflict of interest on the matter. Amer.Assoc. Retired Persons - Jaws of Life Gi 1 roy Jaycees - High School site Discussion was had on the matter. Motion was made by Councilman Link seconded by Councilman Stout and carried that a one (1) year extension be granted on Mr. T. Kawano's P.U.D. Zoning from April 6, 1977 to expire April 6, 1978. An invitation from the American Association of Retired Persons, Inc. was noted. The Mayor and Councilmen Link and Pate noted that they would attend same if possible. A letter from the Gilroy Jaycees on a formal presentation of Jaws of Life, Emergency Power Rescue Tool, to the City of Gilroy was noted. The Mayor noted that he intends to attend said presentation. An invitation to tour the new High School site on March 25, 1977 at 10:00 a.m. was noted. Calif. Swim. A report from the California Swimming Pool Industry on water con- Pool Ind. servation efforts was noted and further explained by Charles Ouartiroli, re:Water Vice-President. Conservation The following informational items were noted with no separate discussion on same other than further commendation to the Police Depart- ment personnel noted in Item No.1: 3910 S.P.R.R. Southern Pacific Railroad commending the Gilroy Police Depart- Police ment personnel; personnel San Felipe Proj ect Monray Ti 1 e CalTrans Pacific Legal Foundation Report on the San Felipe Case; Letter of appreciation from Monray Roof Tile Co.; and Excerpts from CalTrans March 1977 Newsletter. - Disburse- The Report of Disbursements from February 1, 1977 throuqh ments February 28, 1977 was noted and discussed. I/i-;:eel.... Wastewater Motion was made by Councilman Link seconded by Councilman Cunning- Project ham and carried that April 4, 1977 be set as a Public Hearing date on the 2nd EIR Engineer's Report and Final E.I.R. Certification for the Planned Sewerage hearing Treatment Plant and Interceptor Project. HCD Budget A report on the revision of the HCD additional Budget allocation alloca- was noted and discussed. Motion was made by Councilman Stout seconded by tions Councilman Link and carried that the original allocation for HCD funds be allocated as follows: 1) Sr. Citizens' Center Air Condition Unit - $15,000.; 3) Reconstruction of Roadways & Parkinq at Municipal Golf Course $14,000.; 4) Program Overhead and Contingencies $5,000. and that the adjustment for reduction of funds allocated be made for #2) Rehabilitation and Conservation of existing housing - east side area from $30,800.to $24,075. Bradley A report on Mr. C. Bradley Annexation request was noted. Motion annex. was made by Councilman Stout seconded by Councilman Link and carried that Council authorizes the filing of an annexation application with LAFCO for said property and indicated that inclusion of said property in the Urban Service Area would be amended at a later date, approximately in October of 1977 . - ~.'<. Cap. Imp. Council set March 28, 1977 at 8:00 p.m. for a Council Study Ses- Program sion requested on the Five (5) Year Capital Improvement Program. Revenue Sharing A request to budget a portion of the Revenue Sharing Title II Funds was presented and discussed and further explained by Purchasing Agent Reinsch. Motion was made by Councilman Link seconded by Councilman Pate and carried that the recommendation to allocate said funds be accepted as stipulated. Councilman Cunningham voted "no" on the motion. Waste Water City Administrator Wood noted a report on a feasibility study on Re-use wastewater re-use plans. Motion was made by Councilman Stout seconded by Councilman Pate that the City pay for one-third (1/3) of the cost for said study not to exceed $2000.00. Res.#77-27 Motion was made by Councilman Pate seconded by Councilman Link that the reading of Resolution No. 77-27 be waived and that it be adopted setting fees for the Planning Department as recommended. ..... RESOLUTION NO. 77-27 RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY FIXING FILING FEES AND CHARGES FOR THE DEPARTMENT OF PLANNING. PASSED AND ADOPTED this 21st day of March, 1977, by the following vote: AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and GOODRICH. NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBER: CHILDERS. ",,,,,'" Concession Motion was made by Councilman Link seconded by Councilman Stout Stand and carried that the Concession Stand Agreement for Las Animas and Christ- Agree. mas Hill Parks as presented with the Gilroy Little League be approved and 3911 that the Mayor be authorized to execute said Agreement on behalf of the City. Sidewalk Motion was made by Councilman Link seconded by Councilman Stout and Repr.Prog. carried that a Public Hearing date of April 4, 1977, be set for the Sidewalk Repair Program. Street Lighting - i IIIIIIII.- Director of Public 'Norks-City Engineer Hansen recommended establish- ing a new policy re: Installation of Street Lights. Motion was made by Councilman Stout seconded by Councilman Link and carried that the new policy for installation of street lights in certain areas be approved as presented and that the fee of $400.00 be set to be adjusted if necessary accordingly. Underground Director of Public Works-City Engineer Hansen presented and explained Utility a report on an Underground Committee. The Mayor noted that he would be ap- Com. pointing a new Committee at a later date and that Mr. Frank Caliri of Falcon Cable TV would be included on said Committee. Concrete Batch Plant EIR Sewer Adv. Com. Committee appoint- ments JtiII';<--,1 Council took no action and did not discuss the EIR for the proposed Concrete Batch Plant located on 3.5 acres of land north of Luchessa Avenue and east of Jamieson Way since no appeal had been received in regard to the Planning Commission's denial of said proposal. Councilman Stout noted that the Council Sewer Advisory Committee is working and does not have any recommendation at this time. The Mayor made the fOllowing appointments to the various Council Advisory Committees including reorganization of same and appointments to Council representatives resultinq from retiring Councilmen: Golf Course Committee: Chairman Childers, Hughan and Stout; Santa Clara Valley Water District - South Zone Advisory Committee Alternate: Hughan; Economic & Social Opportunities: Hughan; Transportation Policy Com- mittee: noting resignation of Councilman Stout to be replaced by Council- woman Hughan; Water Commission: Childers; Alternate: Hughan; Inter-City Council Alternate: Pate; Association of Bay Area Governments, General Assembly Representative: Cunningham; Industrial Director Committee: Chairman Stout, Pate, Wood; Alternate: Link; Building Code Appeals Board - Ex-Officio Member: Cunningham; Underground Utility Installation Committee: Chairman Cunningham and further noting that the remaining members would be appointed at a later date. / /- Chamber Ind. City Administrator Wood noted a status report of the activities of Dev.Prog. the Chamber Industrial Development Program. Res. #77-28 City Administrator Wood presented a request from Gavilan College for a parade permit scheduled for May 21, 1977. Motion was made by Council- man Pate seconded by Councilman Link that the reading of Resolution No. 77-28 be waived and that it be adopted authorizing a parade to be conducted on May 21, 1977 at 9:30 a.m. by Gavilan College and noting that same will be conducted on a portion of Route 152 between Monterey Street and Miller Avenue. Monray Tile Planning Director Bedaux reported that the Planning Commission held Prezoning a special meeting on March 21, 1977 at 4:30 p.m. approving the prezoning & EIR request of Monray Tile Roof Company and Negative Declaration in regard to the EIR for same. Motion was made by Councilman Link seconded by Councilman Cunningham and carried that the prezoning Public Hearing before the City Council be set for April 4, 1977. Council took no action on the Negative Declaration declared by the Planning Director on said matter, concurring with his declaration. - -- Adjournment At 10:20 p.m. the Mayor adjourned the meeting. Respectfully submitted, /]fuc~~6fq / C,tr erk .